FEES AND PURCHASING POLICY
Buying and Selling on PaparArtzy
Anyone can join and post their artwork on Paparartzy.com. However, to be able to buy and sell any artwork on the Site, you MUST be at least 18 years old.
Listing and Selling
By listing an item on the Site you warrant that you and all aspects of the item comply with Paparartzy's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Paparartzy Gallery. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate description.
Services and Fees
Joining PaparArtzy is free; however, if you decide to buy or sell your artwork, Paparartzy charges transaction fees for listing and selling an item for sale. The transaction fee may be a percentage of the sale price or a set fee when you list the item for sale. Paparartzy may also charge a sales commission when the original artwork is sold using paparartzy site or services. The commission charged may vary depending on what Paparartzy Services or Sites is used to conduct the sale of the artwork.
By becoming a member and listing your original artwork for sale, you agree to comply with the terms and conditions of Paparartzy’s return and refund policy.
Sellers Terms and Conditions
1. Listing Works on the Site
To be able to list your original artwork on the site, you must be a Member. As a Member, you may submit listings for original works of art ("Original Works of Art") that you have created and that you desire to sell through the Site and Services. You may not submit listings for Original Works of Art that were created by another artist. As a Member you may also submit listings for digital images of works of art ("Digital Works') that you have created and that you desire to commercially exploit through the Site and Services. You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide Paparartzy with all the information requested on the applicable page of our Site and you must comply with any other Paparartzy requirements as identified on such page. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Paparartzy with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and comply with Paparartzy’s then-current listings content guidelines, which are available at www.Paparartzy.com/termsofservice.
Paparartzy reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that Paparartzy reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art and/or Printed Works (defined below) relating to the Digital Works. You always retain the right to remove a listing for an Original Work of Art or Digital Work from the Site – see FAQ for instructions.
If you want to remove a listing for an Original Work of Art or Digital Work from the Site you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page or send an email to email@example.com with the subject heading delete my art.
2. You as a Seller
You acknowledge and agree that you are solely responsible for all Original art and works that you make available through Paparartzy’s site and services. Accordingly, you warrant that: (i) as to Original Works of Art that you make available through the Site and Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; (ii) as to Digital Works that you make available through the Site and Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Paparartzy the rights in such Digital Works as contemplated under these Terms; and (iii)neither the Original Works of Art nor Digital Works that you make available through the Site and Services nor Paparartzy’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3. Selling Prints and Digital works
If you submit listings for Original Works of Art, you hereby appoint Paparartzy as an independent non-exclusive reseller with the right to resell such your Art through the Site and Services and on third party websites (collectively “Online Sales”) and you hereby grant Paparartzy a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art Sales via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Paparartzy, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.
If you submit listings for Digital Works, you will permit Members and other third parties to purchase fine art reproductions of the Digital Works through our print service, which is may become available at a future date.
If you submit listings for Digital Works, you hereby grant Paparartzy Art a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to (i) use, modify (as appropriate in connection with manufacturing and distribution of Printed Works), reproduce, distribute, publicly perform and publicly display the Digital Works in connection with the manufacture, distribution and sale of Printed Works to Members and other third parties via Online Sales and through other offline channels (“Offline Sales”)”). and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting Paparartzy, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels. Paparartzy may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling Paparartzy Art to process and fulfill orders for Printed Works.
4. Selling your art online
As between you and Paparartzy, Paparartzy will be deemed the seller of any Original Works of Art and Printed Works that are purchased via Online Sales channels. If an Original Work of Art and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable buyer via the third party website. However, as between you and Paparartzy, these Terms will apply to the sale of such Original Work of Art and/or Printed Work.
Paparartzy and/or its third party service providers will be responsible for collecting billing and shipping information from the buyer and for processing payment for such purchases via the Site and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Paparartzy’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the buyer and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Paparartzy and the third party website or Paparartzy Offline Sales partner, as applicable, to Paparartzy and share related shipping information, including the contact details of the buyer where necessary, with Paparartzy.
5. Shipping and Delivery
For Original Works of Art only, Paparartzy will provide you with the name and address of the buyer and, unless otherwise instructed in writing by Paparartzy, you will be responsible for shipping the purchased Original Work of Art directly to the buyer. Paparartzy will provide you with information regarding its preferred shippers with which Paparartzy maintains an account. You agree to ship the purchased Original Work of Art to the buyer within three (3) days following the date of purchase (the "Shipping Period"). If you do not ship the purchased Original Work of Art to the buyer prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Work of Art via a Paparartzy preferred shipper account, Paparartzy will be responsible for the cost of shipping.
You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Paparartzy if you are using a Paparartzy preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Paparartzy (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a Paparartzy preferred shipper or if you pay for the cost of shipping yourself, Paparartzy will reimburse you for the amount you paid, up to the amount that Paparartzy or the third party website charged the buyer for shipping.
6. Transfer of funds to Seller
For sales of Original Works of Art via the Online Sales channels, Paparartzy will credit your Account in an amount to be determined in accordance with Paparartzy then-current standard pricing and commission terms for sales of Original Works of Art via the Site and Services, subject to Paparartzy’s receipt of confirmation of delivery to the buyer, Paparartzy will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period (which is five days after confirmation of receipt of delivery) and for sales of Original Works of Art via third party websites and venues, Paparartzy Art will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Original Work of Art has been confirmed to have been successfully delivered to the buyer, as determined by Paparartzy, in its sole discretion.
7. Sellers Agreement
a. Buyers and Sellers share the responsibility for making sure purchases facilitated by Paparartzy are rewarding and hassle-free. Registered Sellers and Buyers are required to have account with Paparartzy and must have a PayPal Account filed with Paparartzy. Buyers and Sellers agree that:All sales facilitated by Paparartzy must be done through the Gallery program Site.
b. Sellers and Buyers must be registered Paparartzy account holders with correct and accurate contact/personal information.
c. Sellers must file valid Pay Pal accounts with Paparartzy prior to either selling or buying any Artwork or Content.
d. Sellers and Buyers will conduct the purchase and sale transaction solely through Paparartzy.com. Sellers are not permitted to negotiate any transactions on the site or using any of Papararty’s services to conduct their own sale of an original artwork posted for sale on the Site.
e. Sellers must agree and allow Paparartzy to charge a designated fee to be paid by the Seller upon listing individual artwork for sale – fee applies to each artwork posted for sale.
f. Sellers will be responsible for pricing/charging their sale and shipping price for their artworks listed for sale.
g. Sellers must agree to ship the product to the buyer within three (3) days of the date of the sale and purchase of the product/Artwork/Content.
h. Sellers must return/ refund purchases in the same manner as payment. For example, if you received payment via paypal, credit the buyers’ paypal account.
i. All Payments within Canada, US, and international are to be made in UD Dollars, including any applicable sales taxes.
j. Sellers must post the total price of the artwork (including applicable taxes) and shipping and handling at the time of sale. Sellers must agree not to request any other additional funds from Buyer after transaction is completed on the site.
k. Sellers and Buyers permit Paparartzy to make a final decision, using sole discretion, on any claim that a buyer files with Paparartzy.
Buyers Terms and Conditions
8. Purchases of Original Works of Art
As a Member, you may purchase Original Works of Art that are listed by other Members on the Site. When you purchase such an Original Work of Art through the Site and Services, you are buying the work from Paparartzy and not from the Member identified on the listing for such work. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt.
Paparartzy and/or its third party service providers will collect your billing and shipping information and process your payment. The Member identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Paparartzy’s then-current Return Policy apply to any Original Works of Art that you purchase through the Site and Services. When you purchase Original Works of Art via Online Sales (other than via the Site and Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
9. Order Cancellations
Paparartzy reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site and Services if Paparartzy Art determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Paparartzy Art cancels an order placed via the Site and Services, Paparartzy Art will send you an email confirmation of such cancellation and you will not be charged for your order.
Paparartzy is committed to ensuring the 100% satisfaction of our artists and buyers. Once you have received an original artwork, you have five (5) days to return the artwork to the artist in its original condition and packaging to receive a refund. All buyers have the right to cancel their order any time before shipment, and are able to return artwork five (5) days after the posted delivery date if unsatisfied with the art work. In light of the five (5) day return policy, Paparartzy recommends that allow the shipment to arrive so that you can see the work in person before making your final decision whether or not to keep it. However, if you're absolutely certain that you do not want the artwork after all, please immediately contact info@Paparartzy.com and provide your order details.
****IMPORTANT: Paparartzy is not responsible for any currency conversion differences that may result in a reversed payment.
11. Buyer’s agreement
a. All sales facilitated by Paparartzy must be done through the Gallery and Buy/Sell program Site.
b. Buyers must be registered Paparartzy account holders with correct and accurate contact/personal information.
c. Sellers and Buyers will conduct the purchase and sale transaction through PaparaArtzy.com. Paparartzy will receive the buyer’s funds, and after seven (7) business days, shall transfer the funds to the Seller less transaction fees.
d. Buyers shall and must confirm receipt of the artwork within 7 business days of purchase of their artwork. If Buyer has not received the purchased item, it is the Buyers responsibility to notify PaparArtzy within five (5) days.
e. Buyers must agree to pay the total price charged by a Seller for the artwork, including shipping and handling.
f. Buyers must file valid Pay Pal accounts with Paparartzy prior to either selling or buying any Artwork or Content.
g. Buyers must agree and allow Sellers to charge the payment amount they designate for amounts due to be paid by the buyers (including shipping charges).
h. Buyers must agree to purchase products, Artwork, and Content using Paparartzy’s payment method using PayPal or credit cards (Visa, Mastercard) as payment.
i. All Payments within Canada, US, and international are to be made in USD Dollars, including any applicable sales taxes.
j. Buyers and Sellers permit Paparartzy to make a final decision, using sole discretion, on any claim that a buyer files with Paparartzy.
k. Buyers will be refund purchases directly from respective Sellers in the same manner as payment. For example, if you received payment via PayPal, Sellers will credit the buyers’ PayPal account.
12. Transaction Restrictions
Buyers and Sellers share the responsibility for making sure purchases facilitated by Paparartzy are rewarding and hassle-free. Registered Sellers and Buyers are required to have account with Paparartzy and must have a PayPal Account filed with Paparartzy. If you are a Member and have submitted a listing for an Original Work of Art or a Digital Work and have been contacted through the Site and Services by another Member with respect to purchasing either of the foregoing, you may not sell such Original Work of Art or Digital Work to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase an Original Work of Art or Digital Work for which another Member has submitted a listing, you may not purchase such Original Work of Art or Digital Work from such Member independent of the Site and Services. Paparartzy is not responsible or liable for any original art not purchased directly through Paparartzy Site and Services, paid through Paparartzy’s e-commerce channel.
13. Taxes and Compliance
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in CAD dollars and or USD and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes"). If you are a seller of Original Works and/or Printed Works, you acknowledge that Paparartzy will withhold the Taxes required to be withheld from the payments Paparartzy makes to you. Seller must fill out appropriate Tax forms prior to any commissions being paid. Commissions will be paid as follows:
· For an Artist living within the United States, a W9 Tax Form must be filled out for both the sale of an Original or Prints.
If you are a purchaser of Original Works and/or Printed Works, you acknowledge that Paparartzy will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.
14. Representation of artwork & colour
You understand and agree that Paparartzy uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, Paparartzy is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Site and Services, and disclaims all liability in this regard.
15. Termination and Termination fees
If Paparartzy terminates a listing or your account, if you close your account, or if the payment of your Paparartzy fees cannot be completed for any reason, you remain obligated to pay Paparartzy for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Paparartzy at: firstname.lastname@example.org.
16. Binding Sale:
All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Paparartzy transaction fees, misrepresent the item's location, or use another user's account without permission.
PAPARARTZY IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO PAPARARTZY; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY PAPARARTZY, AND PAPARARTZY HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT PAPARARTZY IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, PAPARARTZY USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.