Terms of Service

 

MivaArts.com ("MivaArts," "we" or "our") facilitates a service for selling and purchasing original works of art and sprang up to exploiting digital images of works of art (the "Services") through our website, accessible at www.mivaarts.com (the "Site"). By subscribing to or using the Site or the Services, you have read, understood and are bound by the Terms of Service, together with all related policies and guidelines of this Site.

MivaArts reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site.

These Terms and Conditions are treated as an agreement between MivaArts (us) and the Artists & Buyers (you). The business relationship shall exclusively be governed by the following Terms and Conditions:

 

Account Registration

In order to list a work on the Site or to make a purchase/buy through the Site, you must first create an account ("Account") by completing our registration process. The account registration is absolutely free. During the registration process you will be required to provide certain information and you will establish a username and a password.

You are responsible for maintaining the confidentiality of your User Account, Password and other account details and are entirely responsible for any and all activities that occur under your User Account. In case you suspect or identify any abuse of your User Account or any transaction through your User Account that is not carried out by you, you should immediately notify us in writing at help@mivaarts.com.

Please ensure that the details you provide us are correct and complete and also inform us immediately of any changes to the information that you provided when registering.

 

For Buyer’s Original Work/Printed Works

As a Member, you may buy Original Works/Printed Works of Art that are listed by other Members on the Site. When you buy such an Original Works/Printed Works of Art through the Site and Services, you are purchasing the work from MivaArts and not from the Member identified on the listing for such work.

MivaArts and its third party service providers will collect your billing and shipping information, process your payment and ship the Original Work/Printed Works directly to you. Prices for Original Works/Printed Works of Art will be as specified on the applicable listing.

 

Placing an Order

The Site is an online platform, where registered Sellers are displayed their artworks for sale. Purchase of such artworks will be subject to the Terms of Services and such other additional terms, as specified by them, if any.

 

Shipments Costs and Delivery

We offer Free Shipping costs over $100 artworks. If the artwork price will be less than $100 then buyers are responsible for the shipping costs of the artwork. Shipping costs are calculated during the order process and you will have the opportunity to confirm your acceptance of these shipping costs prior to ordering.

All deliveries will be made via courier service and a signature is needed. Please ensure that there will be somebody available at the delivery address In the event that you should miss your scheduled delivery, the courier should leave a notification card and re-attempt the following working day. The courier will attempt delivery the order on 3 consecutive working days, unless they are instructed by the recipient or a member of our Customer Service team to hold for a future delivery date.

If you want to change the delivery address, just let our Customer Helpline team know. Orders will not be processed on Saturdays, Sundays or holidays.

 

Seller’s Responsibility for Works

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. Your listings must be accurate and complete and comply with MivaArts.

You acknowledge that MivaArts 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 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 - 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.

 

Pricing of Artwork

You will choose the normal price which the Artwork should be sold for. This price must be inclusive of VAT (if applicable) and your delivery and insurance costs and our commission.

Our commission rate will normally be 40%. Once accepted. You agree to sell the Artwork at the agreed price.

Payment

Payment of the purchase price should be made in favour of Visa, PayPal & Discover in advance by the buyers. The Artist will get the payment after we must get confirmation that artwork delivered to the respective buyer.

 

Transaction Restrictions

If you are a Member (Artist) 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 (Buyers) and desire to purchase/buy an Original Work of Art or Digital Work for which another Member has submitted a listing, you may not purchase/buy such Original Work of Art or Digital Work from such Member independent of the Site and Services.

 

Taxes

All prices, commission fees and other amounts referred to in these Terms. If you are a seller of Original Works and/or Printed Works, you acknowledge that MivaArts will withhold the Taxes required to be withheld from the payments MivaArts makes to you. Seller must fill out appropriate Tax forms prior to any commissions being paid.

If you are a purchaser/buyer of Original Works and/or Printed Works, you acknowledge that MivaArts 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.

 

MivaArts Content

MivaArts may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, "MivaArts Content"), some of which is owned by MivaArts ("MivaArts-owned Content"), and some of which is made available under license by a third party ("MivaArts-licensed Content").

MivaArts authorizes you to download, view and print MivaArts-owned Content" solely for your personal use in visiting the Site and, if you are a Member.

For MivaArts Licensed Content, the scope of your rights there to will be solely as set forth in the applicable license agreement that govern the use of such content, as identified on the page of the Site where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such MivaArts Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MivaArts or its licensors, except for the licenses and rights expressly granted in these Terms.

 

Ownership

The Site, Services and MivaArts Content are protected by copyright, trademark and other laws of the India and foreign countries. Except as expressly provided in these Terms, MivaArts and its licensors exclusively own all right, title and interest in and to the Site, Services and MivaArts Content and Printed Works, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or MivaArts Content.

 

Color

You understand and agree that MivaArts 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, MivaArts 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.

While we do our best, we cannot guarantee that the colours shown on the website exactly reproduce the colours of our artworks. This may depend on the colour reproduction on your computer or mobile device.

 

Copyright

All copyright and other intellectual property rights in the artwork will remain with artist even after ownership of the artwork is transferred to the customer.

We shall not be liable for any loss or damage caused to the Artist by the contravention of their copyright or other intellectual property rights. Read more about Copyright Policy.

 

Privacy Policy

You should review our Privacy Policy to understand our privacy practices.

 

Termination of Accounts

If you break any of these Terms, MivaArts will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you.

MivaArts reserves the right to cancel your access to and use of the Site, Services, MivaArts Content and Member Content at any time, with or without cause.

Artist (you) may also close their account for whatever reason; but must give 14 days’ notice by sending an email to help@mivaarts.com. All profile information and artworks will be removed from the site by us within 14 days.

 

Electronic communications

We communicate with you by email or by posting notices on the website. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.

Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with MivaArts. This condition does not affect your statutory rights.

Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

 

Feedback

We welcome and encourage you to provide feedback & suggestions for improvements of the Site and Services. For your message, write us at hello@mivaarts.com. You can also go to contact us form to send us email by giving your valuable comments. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify and exploit any suggestions or ideas in any manner.

 

Disclaimer

THE SITE, SERVICES, MIVAARTS CONTENT AND MEMBER CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE OFFERS NO WARRANTIES OF ANY KIND WHATSOEVER TO ANY SITE USERS AND WILL NOT BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, OR PURCHASED FROM THIS SITE.

MIVAARTS MAKES NO WARRANTY THAT THE SITE, SERVICES, MIVAARTS CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MIVAARTS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR ARTWORK PURCHASED/BOUGHT OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.

EVERY EFFORT HAS BEEN MADE TO KEEP THE INFORMATION CONTAINED ON THIS WEBSITE CURRENT AND FACTUAL, BUT THIS IS NOT GUARANTEED.

All rights reserved.

 

Contact Us

You can contact us thru’ mail hello@mivaarts.com or call us at 086 9995 0172 (Monday to Friday, 10a.m. – 5p.m. IST).