This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.
Greetings from artistiquew.com (“Website”). The Website is owned by Artistique World, and having its registered address at Banjara hills, brigade road, hyderabad (“ArtistiqueW” or “we” or “our”).
We respect the privacy of our users and the confidentiality of the information provided by you when using the Website. Accordingly, we have developed this Privacy Policy to demonstrate our commitment to protecting the same.
This Privacy Policy describes the type of information we collect, purpose, usage, storage and handling of such information, and disclosure thereof. We encourage you to read this Privacy Policy very carefully when (i) accessing the Website, and/or (ii) availing any products offered on or through the Website, from any computer, computer device or mobile.
By using the Website, you hereby expressly acknowledge, agree, and accept the practices described in this Privacy Policy and agree to be bound by the terms and conditions thereof. If you do not agree, please do not use, or access the Website.
This Privacy Policy is incorporated into and is subject to our Terms of Use.
General FAQ's
Artistique World Fees
Artistique World charges a fixed component & variable (percentage) component per product quantity in each transaction.
Payment gateway charges 2.2%.
There is no listing fee or any other charge until further notice as our introductory offer except Artistique World Fee & payment gateway charges.
Find the complete reference document: Commission Sheet_April2021
Artistique World fee charges additional fee to the vendors for bulk orders. Please contact Artistique World Team for more information.
Bulk order is classified as following:
1) For product quantity > 30 or invoice value > 3000
2) Orders with invoice value above Rs 24,999
In case of bulk orders, An additional 3.5% of the total order amount will be charged to the vendor to cover overhead charges and platform fees.
An additional fee of 1.5% of the total order amount will be charged as Lead Fee in case the lead is generated by Artistique World and AW Team is responsible for obtaining the customer.
Privacy policy & Seller rights & Responsiblities
At Artistique World, we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by Artistique World. This policy explains our privacy practices for artistiquew.com (which we’ll refer to as the “Site”), Artistique World’s mobile applications (the “Apps”), Pattern by Artistique World, Artistique World Payments, Artistique World’s public Application Programme Interface (the “API”), and our other services provided by Artistique World, Inc. or Artistique World Ireland UC, depending on your location (“Artistique World,” together with “we”, “us”, and “our”). We’ll refer to the Site, the Apps, Pattern by Artistique World, Artistique World Payments, the API, and our other services as the “Services”. This policy was published on 15 November 2020. It will take effect on 16th December 2020.
1. Our Privacy Policy
We process your personal information to run our business and provide our users with the Services. By accepting our Terms of Use (and in some jurisdictions, by acknowledging this policy), you confirm that you have read and understood this policy, including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our members, websites hosted through Pattern by Artistique World, or third-party websites and apps.
Artistique World’s Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 16 years of age are permitted to use Artistique World’s Services only if they have permission and direct supervision by the owner of the account. Children under age 16 are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account. By using the Services, you acknowledge that Artistique World will use your information in India, United States, United Kingdom, and any other country where Artistique World operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information as more fully described in the “Transfers” section of this policy.
2. Information Collected or Received
In the course of providing our Services, we collect or receive your personal information in a few different ways. We obtain the categories of personal information listed below from the following sources: directly from you, for example, from forms you complete or during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide Artistique World services, you may interact with (such as, for example, for payments or customer support), and from our third-party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. Artistique World uses the personal information it receives and collects in accordance with the purposes described in this policy.
Registration, Account Setup, Service Usage: In order to use the Services, you will need to submit a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information, such as a shop name, billing, and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. For example, we need a physical postal address if you are buying something on the Site for delivery. As an Artistique World seller, if you choose to use our payment service (” Cashfree & Stripe”), Artistique World requires your full name, social security number, identification ID or tax ID, date of birth, bank account information, photograph, credit card information, and/or other proof of identification in order to verify your identity, provide this service to you, and comply with applicable law. For example, in certain markets, Artistique World Sellers’ imprint (including trade name or individual name as applicable), may be displayed to buyers on Artistique World in order to comply with local legal requirements. For both buyers and sellers, Artistique World requires this information from you in order to provide you with the Services (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to complete a transaction as a buyer or seller). We may store credit card information and other information provided to us during checkout, for billing and payment purposes, and to process your transaction. Members in certain countries can elect to save their credit card information to facilitate checkout for future purchases. To authenticate a payment, you will need to respond to a prompt from your card issuer and provide additional information, such as a correct response to a question, a password, or a passcode. Artistique World may contact individual shop owners confidentially to request more information about their shops or items listed through the Services or may request information from buyers to ensure compliance with our policies and applicable law. In order to use certain products or services on Artistique World, you may be required to complete an application; information that you submit through the application process will not be displayed publicly and will only be used internally by Artistique World and its service providers unless otherwise specified.
Profile: You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings. The name associated with your account (which you may modify in your account settings) is publicly displayed and connected to your Artistique World activity. Other members may see the date you joined; ratings, reviews, and information relating to items you review, and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies; your Favourites, followers, and those you follow; sold item listings and the number of items sold; comments you post in our community spaces; and information you decide to share via social networks. For Sellers, we may collect and use information about you in order to feature you in marketing and advocacy materials and to feature you and your shop on and off the platform, as provided for in Artistique World’s Terms of Use. From time to time, we may also ask you about certain demographic information, such as your race, ethnicity, sexual orientation, or gender identity, in relation to specific marketing and advocacy projects and campaigns. Providing this demographic information is entirely voluntary and at the time we ask we will also seek your consent to use it.
Automated Information: Artistique World automatically receives and records information from your browser or your mobile device when you visit the Site, use the Apps, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. Artistique World may also receive similar information (like, for example, IP addresses and actions are taken on the device) provided by a connected Internet of Things devices such as a voice-activated assistant or Smart TV. We may combine this information from your browser or your mobile device with other information that we or our advertising or marketing partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.
We also automatically collect device-specific information when you install, access, or use our Services. This information can include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. For more information about these online tools and how we use them, see our Cookies & Similar Technologies Policy.
Data from Artistique World Vendors and Suppliers: We also receive information from our vendors and suppliers about you. This information can include customer service interactions, payments information, delivery information, and information shared in Artistique World’s forums.
Data from Advertising and Marketing Partners: As described below, Artistique World receives information from our advertising and marketing partners about you. This information can include attribution information via cookies and UTM tags in URLs to determine where a visit to Artistique World comes from, responses to marketing emails and advertisements, responses to offers, and audience information from partners who you have given consent to share that information with us.
Location Information: We collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This can include your IP address, browser information (including referrers), device information (such as iOS, IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the Apps, you can choose to share your geolocation details with Artistique World in order to use functions like our local marketplace, maps, and in-person sales (although you don’t need to share these details). You can choose to publish your location when you sell on Artistique World.
We obtain the location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your devices, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We use and store information about your location to provide features and to improve and customize the Services, for example, for Artistique World’s internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for delivery and mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the Site to function. We will only share your geolocation details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to Artistique World.
Analytics Information: We use data analytics software to ensure Site and App functionality and to improve the Services. This software records information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.
Information from Third Parties: Some members or visitors may choose to connect to Artistique World or register an Artistique World account using an external third-party application, such as Facebook, or an app developed using Artistique World’s API. Connecting your Artistique World account to third-party applications or services is optional. If you choose to connect your account to a third-party application, it is subject to your agreements with that third party (like their Terms of Use and privacy notices), and Artistique World can receive information from that application. We may also collect public information in order to connect with you, such as when we communicate with you over social media. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on Artistique World on certain social media networks which are connected to your Artistique World account, and you can revoke your permission anytime in your account settings. Certain third-party applications that you use to create or sign in to your account may provide you with the option to discontinue receiving messages from us or allows you to forward those messages to another email address. If we are unable to send you critical messages about your account, we may suspend or terminate your account.
Non-Member Information: Artistique World receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered Artistique World member (a “non-member”) in connection with certain Artistique World features, such as when a non-member chooses to subscribe to an Artistique World newsletter, a member invites a non-member to visit the Site, a member uploads non-member information using the contact uploader feature, a non-member engages in a transaction, a member sends a gift card code to a non-member, or a non-member uses Guest Checkout to make a purchase. Non-member information is used only for the purposes disclosed when it was submitted to Artistique World, for purposes necessary to the functioning of Artistique World’s Services or where Artistique World has a legitimate interest, as disclosed in the “Information Uses, Sharing, & Disclosure” section below, or to facilitate action authorized by a member or the non-member.
3. Messages from Artistique World
On occasion, Artistique World will need to contact you. Primarily, these messages are delivered by email, Artistique World Messages, or by push notifications for a variety of reasons, including marketing, transactions, advocacy, and service update purposes. If you no longer wish to receive push notifications, you can disable them at the device level. You can opt-out of receiving marketing communications via email or Messages in your account settings or by following the unsubscribe link in any marketing email you receive. To ensure you properly receive notifications, we will need to collect certain information about your devices, such as operating system and user identification information. Every account is required to keep a valid email address on file to receive messages. Artistique World may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, Artistique World may send you an SMS (or similar) message, or reach out to you by telephone, in order to provide you with customer support, for research or feedback, or to provide you with information about products and features that you may find of interest. You can update your contact preferences in your account settings.
Some messages from Artistique World are service-related and necessary for members and Guest Checkout users. You understand and agree that Artistique World can send you non-marketing emails, Artistique World Messages, or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying Messages with buyers, and correspondence with Artistique World’s Support team (including by chat interface or the other methods of communication as described above).
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Members can also control which marketing emails or messages they receive from Artistique World through their account settings. Please note that some changes to your account settings may take a few days to take effect.
4. Community
Artistique World is a marketplace and a community. We offer several features that allow members to connect and communicate in public or semi-public spaces, such as Forums and Teams, which are a part of the Artistique World Community space. You don’t have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. This may include, for example, information from your Artistique World account that is publicly available, your account’s status, your forum posts, and Team memberships, your Artistique World username and/or shop name, the display name you’ve optionally chosen to share publicly in your Artistique World account, avatar image, the date that you registered on Artistique World, as well as your language and regional settings on the Site. If you close your Artistique World account, your Community account, which allows you to post in Forums, will also be closed and related personal information will be deleted. However, your posts may remain public after your account is closed, although your name will no longer be displayed alongside the post. You are responsible for the personal information that you choose to post in community spaces through the Services. You can set your privacy preferences and download your data in your Community Settings, and close or delete your Community account by submitting a request to Artistique World.
Another member may follow your public activity on the Site to receive updates, such as when you add an item to your public Favourites. You may choose to make certain activities private through your account settings. You have the option to block any member with whom you do not wish to share your updates.
5. Information Uses, Sharing, & Disclosure
We respect your privacy. Artistique World will not disclose your name, email address, or other personal information to third parties without your consent, except as specified in this policy.
You can control your privacy settings through the opt-out buttons in your account settings privacy tab. Please note that some changes to your privacy settings may take a few days to take effect. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site.
Legal Bases
When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
- Necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you;
- You have consented to the processing, which you can revoke at any time;
- Necessary to comply with a legal or regulatory obligation, a court order, or to exercise or defend any impending or asserted legal claims;
- Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners (described in more detail below);
- You have expressly made the information public;
- Necessary in the public interest, such as to prevent crime; and
- Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).
We principally rely on consent (which can be withdrawn at any time) (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.
We rely on consent for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook, Google, and other partners. These partners have their own privacy policies and consent mechanisms for their customers, in addition to Artistique World’s controls. You may see the privacy policies and privacy choices for these partners, and the information you share with them, in our Cookies and Similar Technology Disclosures.
Artistique World may also use first-party data (e.g. your prior shopping and browsing patterns on our Site), and may combine it with other data collected from you, such as your location, or publicly available information, to permit us to create targeted audiences based on your known or inferred demographic and/or interests to provide you with more relevant and useful advertising on our site, in our direct marketing channels (like email), or with our off-site marketing partners, like Google and Facebook, subject to their terms and privacy notice you agreed to with such partners.
Our Legitimate Interests
Where we process your information on the basis of legitimate interests, we do so as follows:
Providing and Improving our Services: We use your information to improve and customize our Services, including sharing your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Artistique World.
Providing Marketing Communications: We rely on our legitimate interest to send you marketing messages (where permitted independent of the consent) and for Artistique World’s advertising programs (including Artistique World’s on-site advertising and marketing).
Keeping our Services Safe and Secure: We use your information for safety and security purposes, which can include sharing your information for such purposes, and we do so because it is necessary to pursue our legitimate interests or those of a third party in ensuring the security of our Services, preventing harm to individuals or property, or crime, enforcing or defending legal rights, or preventing damage to Artistique World’s systems, or those of our users or our partners. This includes enhancing the protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kinds. We use your information to provide and improve the Services, for billing and payments, for identification and authentication, and for general research and aggregate reporting.
Buying and Selling: As part of the buying and selling process, Artistique World will facilitate the sharing of information between the two members involved in the transaction, such as the other Artistique World member’s delivery address and payment status. This can also involve us sharing your information with some of our third-party partners such as our delivery and payment partners to enable us to provide the Service to you. Such partners will process your personal information in accordance with their own privacy policies. In some instances, while they are subject to Artistique World’s privacy and security requirements for vendors, these partners, not Artistique World, are responsible for the protection of personal information under their control. By making a sale or a purchase on Artistique World, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Use. We expect you to respect the privacy of the member whose information you have received. As described in Artistique World’s Terms of Use, you have a limited license to use that information only for Artistique World-related communications or for Artistique World-facilitated transactions. Artistique World has not granted a license to you to use the information for unauthorized transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements of the jurisdiction of the recipient. You should only add a member to your email or physical mailing list or otherwise use or store a member’s personal information in accordance with applicable laws, including any consent requirements that apply in that member’s jurisdiction.
Site Customisation: We may learn about the types of products that you’re interested in from your browsing and purchasing behavior on (and off) the Site or Apps and use such information to suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Artistique World.
Legal and Safety: Artistique World may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against impending or asserted legal claims, including to collect a debt or a material violation of our policies (including our Intellectual Property Policy); to comply with a subpoena, court order, legal process, regulation, or other legal requirements; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our rights or property, or violations of Artistique World’s Terms of Use. For example, if permitted due to the foregoing circumstances, your information may be shared with tax authorities or other governmental agencies. In the cases set out above, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims or facilitate the collection of taxes and prevention of tax fraud. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).
If Artistique World receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, Artistique World may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, company/trading name and, where appropriate, bank account and transaction details. Find out more about how Artistique World responds to requests for records or information about members of Artistique World’s community in our Requests for Information Policy.
Affiliated Businesses: Artistique World is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. Artistique World also provides services or sells products jointly with affiliated businesses, including providing you with the opportunity to sign up with such partners and allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Use. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising. As part of this, we may work with advertising partners such as Facebook or Google and we may use analytics aggregated from usage information including, for example, search keywords, favorites, browsing history, and purchase history.
Aggregated Information: Artistique World may share demographic information with business partners, but it will be aggregated and de-personalized so that personal information is not revealed.
Service Providers: Artistique World also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Artistique World not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.
Business Reorganisation: In some cases, Artistique World may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of Artistique World’s assets), member information is typically one of the business assets that is transferred. If Artistique World intends to transfer information about you, Artistique World will notify you by email or by putting a prominent notice on the Site and the App, and you will be afforded an opportunity to opt-out before information about you becomes subject to a different privacy policy.
Third Parties: Third-party plug-ins also collect information about your use of the Site. For example, when you load a page on Artistique World that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. Artistique World chooses and manages these third-party technologies placed on its Sites and Apps. However, these are third-party technologies, and they are subject to that third party’s privacy policy. For more information, see our Cookies & Similar Technologies Policy. We rely on your consent to drop and read these cookies when not technically necessary or when not required based on another purpose such as legitimate interest.
This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that Artistique World does not own or control or individuals that Artistique World does not employ or manage, except as otherwise provided for in the Terms or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Artistique World requires these third parties to follow Artistique World’s privacy and security requirements, Artistique World does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Artistique World is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them.
6.Transfers
Artistique World operates a global service. We may share some of the information it gathers with Artistique World affiliates for purposes described in this privacy policy, including for ID verification, transaction reviews, and payment processing.
When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. To the extent that Artistique World is deemed to transfer personal information outside, we rely separately on, alternatively, and independently on the following legal bases to transfer your information:
Necessary for the performance of the Contract between Artistique World and its Members
Artistique World provides a voluntary service; you can choose whether or not to use the Services. As we operate in countries worldwide and use technical infrastructure located in India to deliver the Services to you, in accordance with the contract between us (Terms of Use), we need to transfer your personal information to India. and to other jurisdictions as necessary to provide the Services. Simply put, we can’t provide you with the Services and perform our contract with you without moving your personal information around the world.
7. Security
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received, for example, encryption is used for certain information (such as credit card numbers).
Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we can’t guarantee its absolute security.
Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. Artistique World offers advanced security features and settings for members, such as two-factor authentication for signing in, and sign-in history and notifications; you can view more information in your account settings.
If you have any questions about the security of your personal information, you can contact us at [email protected].
8. Retention
Artistique World will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Artistique World member account), or as needed to provide the Services to you. If you no longer want Artistique World to use your information to provide the Services to you, you may close your account. Artistique World will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Artistique World sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
Your rights & responsibilities:
- Not to adopt any unfair trade practice whether during an offer on e-commerce platforms or otherwise.
- Not to refuse to take back goods or withdraw or discontinue services purchased or agreed to be purchased or refuse to refund consideration if such goods or services are defective, deficient, or spurious or if such goods or services are delivered late from the stated delivery schedule.
- Ensure that advertisements for marketing are consistent with the actual characteristics of the goods or services.
- Provide the e-commerce entity with legal name, address of headquarter and branches, name and detail of the website, email address, customer care details, GSTIN(if registered), and PAN details.
- Duty of consumer to pay for the services or goods purchased or used. However, if a client decides not to pay for the services, here is what u can do.
- Duty of consumer to check weights, balances, prices, etc., and read the labels carefully.
- To update oneself about the various schemes of consumer protection.
- Duty not to fall into the trap of misleading information and advertisements.
- Not to buy goods from black markets.
- To be an ethical consumer and procure the bills, receipts, etc. for the goods and services purchased. If a consumer fails to take them then he/she might find it difficult to file a complaint and prove the defect in the good.
- Duty to gain knowledge about consumer rights and duties and to spread awareness about the same.
- Duty to file a complaint in case there is a defect in the goods or service so purchased.
If you sell using our Services or use Artistique World’s API, you may receive and determine what to do with certain personal information. Your privacy responsibilities, including when you act as an independent data controller (someone who decides what personal data to collect and the purpose you use the data for) are laid out in the Artistique World Seller Policy and the Artistique World API Terms of Use.
9. Privacy Policy Changes
We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates.
10. Contact
If you have any questions:
Contact Artistique World’s Support team [email protected].
Anti Discrimination and Hate Speech Policy
Artistique World connects thoughtful consumers around the world with creative entrepreneurs. It’s an ecosystem where people of all backgrounds inspire each other and build relationships through making, selling, and buying unique goods. We want everyone on Artistique World to feel safe, and our priority is fostering an inclusive environment. This policy explains the kind of behavior we prohibit on Artistique World to make sure we all have a positive experience.
This policy is a part of our Terms of Use. By using Artistique World, you’re agreeing to this policy and our Terms of Use.
Artistique World prohibits the use of our Services to discriminate against people based on the following personal attributes (collectively, “protected groups”):
- Race
- Colour
- Ethnicity
- National origin
- Religion
- Gender
- Gender identity
- Sexual orientation
- Disability
Any other characteristic protected under applicable law.
It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you. Additionally, Artistique World does not allow hate speech. Hate speech occurs when violent, offensive, derogatory, or demeaning language is directed at a person or group based on their one or more protected group attributes.
Whether you’re engaging with public features on Artistique World, such as listing items, using community spaces, and writing reviews, or having direct communication with other members of the Artistique World community, such as via Messages, discrimination and hate speech are not allowed. As a seller on Artistique World, your shop content, including shop announcements and shop policies, cannot display discriminatory behavior toward protected groups. Examples of prohibited behavior include, but are not limited to:
- Refusal of service based on membership in one or more protected groups.
- Expressing intolerance or a lack of respect for another member on the basis of protected group attributes.
- Having a shop policy that excludes sales to members of one or more protected groups listed above.
- Directly or indirectly making derogatory or demeaning remarks against protected groups listed above Racial slurs.
- Posts that support or glorify hate groups and their members.
- If you think discrimination or hate speech has occurred on Artistique World, please report it by emailing at [email protected], and we will investigate. If you see a listing on Artistique World which you believe violates our Prohibited Items Policy, including prohibited hate items, we encourage you to email [email protected]. We have a timely review process for all reports.
Community Policy
Community is at the heart of all we do at Artistique World. Artistique World sellers use community spaces to find inspiration, share knowledge, discuss ideas, and build relationships that help them grow their businesses.
This policy is a part of our Terms of Use. By using any of Artistique World’s community spaces, you’re agreeing to this policy and our Terms of Use.
1. Using the Artistique World Community
Artistique World community spaces are public areas where sellers can interact with one another. Sellers who use any of the community spaces must be over 18 years old. To make sure that the Artistique World community continues to be a place that’s safe, welcoming, and respectful, you agree to comply with the following policies in all community spaces:
- Respect other members’ privacy, and protect your own. Don’t share private or personally identifying information in public areas of the site. This includes, but is not limited to, transaction details, personal contact details, and the verbatim contents of private correspondence.
- Do not use community spaces to discuss interactions with Artistique World representatives, or to share verbatim extracts of such conversations ( i.e., emails, DMs or messages, live chats, etc.). Remember, most messages between you and Artistique World are considered private correspondence and we ask that you respect this confidentiality. Please refer to our Privacy Policy for more information.
- Be honest and transparent about who you are. Don’t use a fake identity.
- Be respectful towards other sellers and, when in doubt, lead with kindness, assume best intentions, and act on that basis. Don’t use community spaces to publicly disparage a specific seller, an Artistique World representative, shop, listing, or category of item.
- Don’t use community tools or spaces to interfere with another seller’s business.
- Don’t spam. This includes unsolicited or duplicate posts or links to your shop, fundraisers, surveys, social media, or other promotional content.
- Don’t use community spaces to coordinate pricing or discuss fee avoidance with other sellers.
- Don’t use community spaces to harass other sellers. Similarly, don’t post content in community spaces that may promote, support, or glorify hatred, misinformation, or that would be in violation of Artistique World’s policies including our Anti-Discrimination policy.
- Don’t publish or post threats of violence against others or promote or encourage others to engage in violence or illegal activity.
- Don’t engage in illegal activity or activity that infringes someone’s intellectual property, or encourage others to engage in that type of activity.
- Don’t use community spaces to encourage others to violate Artistique World’s policies.
2. Forums
Forums is a public space where sellers can gather with other sellers to discuss their Artistique World businesses.
By using Artistique World’s Forums, you acknowledge and agree that:
- Your role is to help us create a safe space for sellers to learn from one another and grow their businesses.
- Your contributions help us build a public database of valuable knowledge and experiences that are available to everyone.
- The tone is challenging to interpret on a public forum and our community spaces are for Artistique World sellers at every level. When in doubt, lead with empathy and kindness.
- Your posts will stay on topic. Off-topic posts may be removed.
- Your posts in the Forums are permanent and can be viewed in various places including your User Profile (unless they are removed by Artistique World).
- Your posts should be helpful, constructive, and encouraging when voicing dissent or criticism. Don’t harass, target, insult, troll, or call out other members or Artistique World representatives.
- Moderators may take certain actions to keep the Forums welcoming, organized, and helpful for everyone. Such actions are not up for public discussion.
- You will respect others’ opinions and report content responsibly. Flagging posts are reserved for content that specifically violates Artistique World’s policies.
- Artistique World reserves the right to remove content from the Forums at any time for any reason, including, for example, violation of our policies, removal of dormant content, content that causes privacy issues, or due to changes to how the Forums operate.
- If you have concerns about actions taken in the forums, you can contact Artistique World Support at [email protected].
3. Direct Messages
Members may send each other direct messages using the Community’s built-in messaging system. These messages are separate from Artistique World Messages and can be accessed and read when you are in community spaces.
By using direct messages in the Artistique World Community, you agree to all of the above policies. In addition, you may not send messages that are considered:
- Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy.
- Obscene or vulgar.
- Unsolicited advertising or promotions.
If you receive an inappropriate message, report it to [email protected].
Artistique World may take action, including termination or suspension, on any account that violates these policies. For example, we may temporarily or permanently suspend your community posting privileges, remove your community access, or close your Artistique World account, which will immediately suspend all Artistique World shop activity. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, including Community spaces or the Artistique World Trademarks. Generally, Artistique World will notify you that your account has been terminated or suspended unless you’ve repeatedly violated this policy or our Terms or we have legal or regulatory reasons preventing us from notifying you.
Delivery Policy
Delivering Your Items
Sellers are responsible for dispatching their sold items to buyers. By Default, Artistique World sales use Artistique World shipping services. The vendor can claim to have the order ready for pickup and the shipping service will pick it up from the address location mentioned on your store profile and deliver it to the customer. If you’re using your own delivery or fulfillment service, please keep in mind that you are ultimately responsible for making sure that your buyers receive their orders.
By selling on Artistique World, you agree to:
- Provide an accurate “dispatches from” address and a “dispatches to” address.
- Specify your shipping costs and processing times in your listings.
- Dispatch items promptly after they are sold. Prompt delivery means that you dispatch each item within 30 days of purchase unless you specify otherwise in your processing time or agree to a different delivery period with the buyer through messages. Before you update your processing time for a specific order, you must first obtain your buyer’s consent.
- Comply with all local and international delivery and customs regulations.
- Dispatch to the address listed on the Artistique World receipt.
- Mark the order as dispatched when you dispatch it by Artistique World shipping service or your own services. Remember that you may only mark an order as dispatched after you actually have dispatched it. When you mark an order as dispatched, the buyer will receive a notification.
- Charge an appropriate amount for shipping. By entering tracking information or delivery confirmation on Artistique World, you’re giving us permission to collect and share this data received from your chosen delivery carrier with the buyer.
In the unlikely event, an order does not arrive, be prepared to provide valid proof of dispatch. Valid proof of dispatch must show that the item actually was dispatched and that it was sent to the address provided on Artistique World. If a buyer does not receive their order, they may file a case against your shop. Please see this Help article to learn more about Artistique World’s case system.
But don’t fret, Artistique World offers protection to sellers who meet our Seller Protection Programme requirements. Read more about Seller Protection here.
Artistique World Shipping(with SmartShip)
By using Artistique World shipping services, you agree that:
- All shipping orders will only be used to ship corresponding Artistique World orders.
- It may not be transferred or sold to a third party.
- You are fully responsible for the contents of any parcels you dispatch using Artistique World shipping services. In addition to Artistique World’s policies, you agree to comply with the terms and conditions and any other policies or rules imposed by the carrier you use to dispatch your items.
- Artistique World is not responsible for any issues you may encounter while items you ship using Artistique World shipping are in transit. That means that if an item is lost, damaged, or arrives later than expected, you will have no recourse against Artistique World. Please review the carrier’s terms and conditions for more information on how they handle parcels that are lost, damaged, or delayed.
- Artistique World reserves the right to remove your access to Artistique World shipping services at any time and for any reason.
1.Terms & Conditions:
- Shared Commercials are Exclusive GST.
- Pricing subject to change based on courier company update or changes in any commercials.
- Freight Weight is Picked – Volumetric or Deadweight whichever is higher will be charged.
- RTO Charges are the same as forwarding for couriers where RTO pricing is not shared.
- Fixed COD charge or COD % of the order value whichever is higher.
- Prohibited item not to be shipped, if any penalty will be charged to the seller.
- Reverse Close Pickup 3pl will not liable in case of wrong/damaged/defective/missing/empty product received from Customer
- No Claim would be entertained for Glassware, Fragile products liquid
- Any weight dispute due to incorrect weight declaration cannot be claimed.
- The chargeable weight would be volumetric or actual weight, whichever is higher
2.SCOPE OF SERVICES
Momoe shall provide a solution (“Service”) in a manner set out as below:-
- Merchant shall provide the list of orders (“Order List”) to Momoe.
- Momoe shall facilitate/provide the Service to the Merchant by providing the Merchant an automated shipping panel services technology integrated with Momoe’s vendors (offered through an offline mode).
- The Merchant agrees that the shipments shall be picked up by Momoe’s Vendor from the Merchants’ locations as communicated by Merchant.
- The tracking number would be assigned by Momoe based on the pickup, delivery pin code, and type of shipment.
- Merchants shall mandatorily provide and display prominently on a package of the shipping label full details which shall include the name of the Merchant, his contact number, address, the Order Number, consignee details, product details, return address i.e. the shipping address, and the Gross Value and Collectable Value (Net value) to be collected in case of COD (Cash on Delivery) shipments.
- Merchant agrees that all claims must be notified to Momoe in writing within twenty-four (24) hours from the date of acceptance of the shipment, failing which Merchant forfeits and waives its right for/to such claim.
- Merchant agrees that in case of shipments booked under COD (Cash on Delivery), Momo’s/Momoe’s vendor shall collect Cash, as per the instructions of Momoe from the Consignee of the shipments as per the details mentioned on the COD Order and remit/reimburse the amount to Momoe which then forth would be reimbursed to the Merchant.
- Merchant agrees that the Merchant on its behalf shall keep Momoe indemnified against all duties, taxes, octroi, cess, clearance charges, and any other charge/levy by whatever name called, levied on shipments. In event of such charges being levied by any government authority, the same can be claimed from the Merchant against the challan of the same. Merchant shall keep Momoe indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory of the like) on account of any act/omissions on the Merchants part, this shall also include GSTIN Non-compliance on Merchants part.
- The Merchant will be solely responsible for complying with all statutory requirements (State and Central Laws/Statutes) applicable including but not limited to requirements in relation to booking, sale, and transportation of the shipments carried and delivered on merchant’s behalf in pursuance of this agreement.
- Merchant undertakes to fully indemnify, hold harmless and defend Momoe (including its employees, directors, and vendors) and hold it entirely harmless in the event of any breach of this Agreement or law by the Merchant and /or by its customers.
- Merchant agrees that any registration information is given to Momoe and the details of the shipment will always be true, accurate, correct, complete, and up to date. Merchant agrees that any phone number used to register with the Service will be registered in the Merchant’s name and Merchant might be asked to provide supporting documents to prove the same. Further, the Merchant agrees to ensure that the Phone Number being provided by the Merchant shall be an active number.
- Merchant agrees not to use the Services provided by Momoe for any unauthorized and unlawful purpose and will not impersonate another person. In the event of non-compliance or breach of this clause, Merchant shall be liable for the losses and damages that occurred due to such non-compliance and shall keep Momoe indemnified against such losses and damages.
- Merchant shall allow Momoe and its registered service partners to send delivery-related messages and calls to its customers which shall be in compliance with the required laws.
- Merchant agrees to use the Services only for purposes that are permitted by (a) the Terms of this agreement and (b) any applicable law, regulation, and generally accepted practices or guidelines in the relevant jurisdictions (including the laws related to Data Protection and Privacy).
- Merchant agrees to indemnify Momoe and hold it harmless and shall be solely responsible for (and that Momoe has no responsibility to Merchant or to any third party for) any breach of Merchants obligations under the Terms of this agreement or any law for the time being in force, and for the consequences (including any loss or damage which Momoe may suffer) from any such breach.
- Merchant shall indemnify Momoe for any claims, losses, or damages, or for the costs of any regulatory or court proceedings suffered by Momoe as a result of Merchant’s breach of the terms of this agreement and/or breach of any applicable law.
- It is expressly agreed between the parties that Momoe is merely providing a facilitating service between the Merchant and various Third-Party Logistics Service Providers, under no situation whatsoever is Momoe responsible for the Merchants Acts or Omissions.
3.OBLIGATION OF THE MERCHANT
- Merchant agrees that he shall be responsible for safe, proper, tamper proof and damage proof packing to ensure that it shall withstand the normal transportation and environmental hazards and shall be in compliance with applicable laws of the products that are handed over to the Courier service provider/Momoe’s Vendor.
- Merchant shall be responsible for packaging as well as for providing the correct weight of the shipment before the same is picked up by the third-party logistics service provider. In the event of any discrepancy found in the weight provided by the Merchant at the time of booking/submission/uploading data or under any other circumstance if the weight provided by the Merchant is found to be inaccurate, the weight provided by the third-party logistics service provider or Momoe as the case may be shall be accepted as the correct weight.
- Merchant shall be ready with the packed order when the courier service provider/personnel comes to receive the shipment, all pick-ups should be logged before the cut-off time as directed by the customer support team of Momoe, and no pick up beyond the cut-off time will be done. Merchant agrees that they shall contact the Momoe personnel for the pickup arrangements.
- Once the shipment is handed over to the third-party logistics service provider the Merchant shall hand over the shipment manifest and the same shall be signed by the third-party logistics service provider and returned to the Merchant. The receipt of the signed manifest is the proof of handing over the shipment.
- Merchant agrees to properly paste and insert a valid invoice, in and on the package.
- Merchant agrees to ensure that he shall provide all relevant information including name, registered number, address for the purpose of being mentioned on the shipping label to be affixed on the shipment/package.
- Merchant agrees that when a shipment comes back as Return To Origin (RTO) due to failure of COD or failed delivery or any other reason whatsoever, it is the Merchant’s responsibility to change the status of the order to RTO received and intimate Momoe with the Reverse Airway bill number. Merchant agrees to make payment as applicable.
- Merchant shall agree that he shall not book / handover or allows to be handed over any good which is banned, restricted, illegal, prohibited, stolen, infringing of any third party rights, hazardous or dangerous or in breach of any tax laws or contains any cash, jewelry of (excluding artificial jewelry) gold, silver, diamond, platinum, precious metals, precious stones, currency, bullion, letters and financial and security instruments, and Momoe shall not be liable for the delivery of any such products. Without prejudice to the generality of the aforesaid, an indicative list of the banned or prohibited products is given in “Banned Products”. In the event Merchant hands over or provides the aforesaid products to Momoe then Momoe shall not be responsible and shall not be liable for any loss, damage, theft, or misappropriation of such Products or seizure of the same by any judicial/regulatory authority, even if such loss, damage, theft or misappropriation is caused due to any reason attributable to any of its a vendor or authorized delivery personnel.
4.TERMS OF PAYMENT:
- Momoe shall issue an invoice to the Merchant on a Weekly basis in accordance with the commercial list specified under Annexure 2 of this agreement, for the services being rendered in the immediately preceding month, the payment shall be made after deducting the service fee from the COD/Prepaid remittance on weekly basis
- Momoe may add new services for additional fees and charges or may proactively amend fees and charges for existing services, at any time in its sole discretion, after communicating the same to the Merchant. If the Merchant avails any such services, the merchant authorizes Momoe to charge fees as applicable to the said services and authorizes Momoe to make such modification to the fee structure as required and Merchant also agrees to abide by such modified fee structure.
- Merchant is solely responsible for payment of all taxes, legal compliances, and statutory registrations applicable on Merchant’s part. Momoe is in no way responsible for any of the Merchants’ taxes or legal or statutory compliances, except for its own due diligence.
- Merchant agrees that in case of fees is not received in accordance with clause 4.1 or within the specified due dates, Momoe shall impose late charges of 1% per month from the due date of payment, and any such charges may be levied at Momoe’s sole discretion after a 15 (fifteen) day curable notice has been sent to the Merchant & merchant fails to comply with the same.
- Momoe reserves the right to modify the fee structure as mentioned in Annexure 2 by providing a 7 (seven days) prior written notice to the Merchant. Upon the Merchant not communicating any response to Momoe to such notice, Momoe shall apply the modified fee structure effective from the expiry of the said notice period.
- Both parties shall comply with tax, GST, and other regulations applicable to them from time to time.
- Parties shall be responsible for complying with all applicable laws, regulations governing the parties from time to time and their scope of work envisaged in this Agreement. If due to any change in applicable law or regulations or the interpretation thereof by any court or other governing body having jurisdiction subsequent to the date of this Agreement, the performance of any provision under the Principal Agreement is affected, the Parties shall use their best efforts to find an alternative means to achieve the same or substantially the same results as are contemplated by such provision.
- In the event of any dispute between the Parties with respect to the Invoiced Delivery Services, the dispute should be raised within one week of the receipt of the invoice. Thereafter, the Parties shall promptly seek to resolve the dispute in good faith. Payment of the undisputed amount shall not be affected and should be made as per the general terms of this Agreement.
- If for any reason the Merchant defaults in making the payments against undisputed invoices issued by Momoe, then notwithstanding anything contained in this agreement or other rights and remedies that Momoe may have in contract, at law (including common law) or in equity, the Merchant shall pay liquidated damages to Momoe on the invoiced amounts that are not paid by the Merchant on the due date of such payment(s) from the due date till payment, and shall attract Liquidated Damages at 1% per month after serving a 7 (Seven) days curable notice.
- If the Merchant is unable to resolve the dispute against disputed invoices within 15 (fifteen) days from the due date of such invoice/service/claim, Momoe reserves the right to withhold the shipment or COD remittances till the time such payment is made/or such dispute is resolved.
- Where the Merchant subscribes to any packages offered by the Company, he shall have to pay an additional subscription fee as applicable.
5.LIMITATION OF LIABILITY
- Momoe shall not be responsible or liable in any manner to the Merchant for any losses, damage, injuries, or expenses incurred by the Merchant as a result of any action taken by Momoe, where the Merchant has consented for the same.
- Momoe does not verify any content or information provided by the Merchant and to the fullest extent permitted by law disclaims all liability arising out of the Merchant’s use or reliance upon the Services or the use of the Merchants product by the end customer.
- In no event, including but not limited to gross negligence, willful misconduct, shall Momoe, or any of its directors, officers, employees, agents be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials, and functions related to this agreement.
- In no event shall the total aggregate liability of Momoe to the Merchant for all/any damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions agreed between the Parties or a Merchants use of the Services exceed, in cases where no FOV(Freight on Value) is accepted then liability shall be NIL, or where FOV is accepted then as per actual cost or an aggregate of INR5,000/shipment, whichever is lower out of them both.
- Subject to clause 5.4 and Annexure 2, Freight for LOST & Damage shipments, in both scenarios freight will be charged depending upon the transition of the shipment i.e. if the shipment is damaged/lost during transit/delivery to end customer then a forward Services charge shall be deducted however if the same is lost /damaged when the shipment has been marked as RTO, then both forward as well as RTO charge shall be applicable.
- Momoe shall not be liable for any act or omission of any other company or companies furnishing a part of the Services, or from any act or omission of a third party and those vendors participating in the Services, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service.
- Momoe shall not be liable in any manner whatsoever for any third-party claims including but not limited to consumer grievances, complaints, intellectual property rights violations, etc. in regard with the
-
- Quality/Quantity of the product.
- Defect/Damage in the product.
- Deficiency in service/Unfair Trade practices by the Merchant.
- Intellectual property right infringement.
- Any illegal/unlawful acts/omissions by the customer of the Merchant
- Under no circumstances will either party or any director, officer, employee, agent, or any of its business partner be liable to the merchant for indirect, incidental, consequential, special, or exemplary losses or damages arising from the agreement, under tort, common law or under public policy.
- The Merchant shall ensure that in any such situation as mentioned above, the Merchant shall indemnify, defend and hold harmless Momoe, its affiliates, employees, directors, and vendors. Further, the Merchant shall indemnify Momoe / Third Party Logistics Service Provider in any event where the end consumer/customer of the Merchants Product would do any inappropriate/unlawful activities including but not limited to forcefully snatching the shipment or Cash from the courier, etc.
- Under no circumstances will Momoe or any director, officer, employee, agent, or any of its business partner be liable to the merchant for any loss or damages arising out of third-party grievances or claims relating to the product, or any intellectual rights infringement by the merchant or any other loss or damages, which have taken place due to the act or omission of the merchant.
- The parties agree that the foregoing represents a fair allocation of risks between the parties and essential elements for parties to enter into this agreement.
6.INSURANCE
It is expressly understood and agreed by both parties that Momoe will not offer and not be required to insure any item contracted by Merchant for carriage by any vendor of Momoe.
7.INDEMNITY
Merchant agrees to indemnify, defend and hold harmless Momoe, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Service, violation of this Agreement, or infringement by any other party of his/her/its account, of any intellectual property or other rights of any person or entity including any claim or proceeding brought by the Customer or any other person against Momoe in respect of the Products/Services or any act, deed, omission or non-performance of the Merchant; any non-compliance with the Applicable Laws by the Merchant; any third party claims arising from wilful misrepresentation, gross negligence or wilful misconduct of the Merchant. Merchant further agrees to provide Momoe with reasonable assistance, at its expense, in defending any such claim, loss, liability, damage, or cost.
8.TERMINATION
Either Party may terminate this Agreement on the occurrence of any of the following events;
- Immediately, if the Party is declared insolvent or bankrupt or is unable to pay its debts or makes a composition with its creditors;
- Immediately, if the Party is dissolved or wound up compulsorily or if an order is made or an effective resolution is passed for the winding up of such Party;
- Immediately, if the Merchant violates any applicable law and misuses the services as defined under Clause
- In case of any material breach of this Agreement apart from violation of applicable law and misuse of services, the agreement can be terminated after giving one month prior written notice to the other Party to rectify such breach as a cure period and in case the Party in breach is unable to rectify such breach within the cure period, then other parties can terminate the agreement by giving one month notice after expiry cure period.
- In the event of termination of this Agreement, the Merchant shall promptly and forthwith make payments of all the Fees accrued or due to Momoe.
- Momoe can terminate this Agreement by giving one month’s notice in writing without assigning any reason.
- Clauses 4,5,6,7,9,10,11,12,13,14,15,16,19,20,21 shall survive expiry or early termination of this Agreement.
- Either party may terminate this Agreement by giving 30 days prior written notice to the other Party.
9.CONFIDENTIALITY
Each party shall, during the term of this Agreement and at any time thereafter, be under an obligation to keep confidential any and all Confidential Information. Each party hereby acknowledges that it shall not, without the prior written consent of the other party, in any way disclose or transfer any Confidential Information to any third party (other than any of its respective Authorized Party subject to this Agreement), or use, transfer or otherwise
dispose of any Confidential Information for any purpose other than for the performance of its obligations under this Agreement.
Any contravention of the present clause shall be taken to be a material breach of the contract rendering the Agreement to be terminated forthwith by Momoe.
10.ASSIGNMENT
Subject to Clause 10.2, this Agreement (including, without limitation, any and all rights, interest, benefits, and obligation in relation thereto) shall apply to and bind any and all successors and assigns of the parties hereto.
Neither party shall assign, transfer, license, or subcontract any of its rights, interests, benefits, and/or obligations under this Agreement to any third party without the prior written consent of the other party, which shall not be unreasonably withheld.
11.NO VARIATION
No variation, waiver, or amendment of any term of this Agreement shall be valid unless such variation, waiver, or amendment is made in writing and signed by or on behalf of both parties hereto.
12.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and revokes and supersedes all previous agreements. No amendments hereto shall be valid unless made in writing and signed by or on behalf of the parties hereto.
13.PUBLICITY
Momoe shall be entitled to make public disclosure without obtaining the prior written consent of the merchant regarding the execution of this Agreement and from time to time regarding the ongoing business relationship between Momoe and the Merchant.
14.CORPORATE AUTHORITY/FURTHER ASSURANCES
Each Party represents that it has taken all necessary corporate actions to authorize the execution and consumption of this Agreement and will furnish the other Party with satisfactory evidence of the same upon request. Each Party agrees to negotiate in good faith the execution of such other documents or agreements as may be necessary or desirable for the implementation of this Agreement and the effective execution of the transactions contemplated hereby and shall continue to do so during the Term of this Agreement.
15.MISUSE OF THE SERVICES
Momoe may restrict, suspend or terminate the account of any Merchant who abuses or misuses the Services. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of this Agreement, or any other behavior that Momoe, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Momoe has adopted a policy of terminating accounts of Merchants who, in Momoe’s sole discretion, are deemed to be repeat infringers of any the Terms of this agreement and of any other applicable law.
16.COMPLIANCE OF LAWS INCLUDING ANTI – BRIBERY LAWS
- Merchant hereto agrees that it shall comply with all applicable local laws, ordinances, and codes including compliance with anti-bribery laws/regulations in performing its obligations hereunder. If at any time during the Term of this Agreement, Merchant is informed or information comes to its attention that it is or may be in violation of any law, ordinance, regulation, or code (or if it is so decreed or adjudged by any court, tribunal or other authority having competent jurisdiction), Merchant shall immediately take all appropriate steps to remedy such violation and comply with such law, regulation, ordinance or code in all respects. Further, Merchant shall establish and maintain all proper records (particularly, but without limitation, accounting records) required by any law, code of practice, or corporate policy applicable to it from time to time.
- Parties represent, warrant, and covenant that as on the date of this Agreement, the Parties are in full compliance of all applicable laws and regulations relating to anti-corruption and anti-bribery (“Anti Corruption Laws”) and have not violated the same and agree and undertake that they shall not violate the Anti-corruption Laws, whether directly or indirectly.
- Data privacy- Parties are required to comply with all the applicable data privacy and data protection laws including but not limited to Information Technology Act, 2000 and rules framed under it, if applicable.
17.FORCE MAJEURE
Except for financial obligation, In the event either party (the Prevented Party) is prevented from performing its obligations under this Agreement by force majeure, such as earthquake, typhoon, flood, public commotion, torrential rains, heavy winds, storms or other acts of nature, fire, terrorist acts, threatened terrorists acts, explosion, acts of civil or military authority including the inability to obtain any required approvals or permits, strikes, riots, war, plagues, other epidemics, or other unforeseen events beyond the Prevented Party’s reasonable control (Force Majeure Event), the Prevented Party shall notify the other party without delay and within fifteen (15) days thereafter shall provide detailed information concerning such event and documents evidencing such event, explaining the reasons for its inability to execute, or for its delay in the execution of, all or part of its obligations under this Agreement.
If Force Majeure events occur, neither party shall be responsible for any damage, increased costs, or loss which the other party may sustain by reason of such a failure or delay of performance, and such failure or delay shall not be deemed a breach of this Agreement. The Prevented Party shall take reasonable means to minimize or remove the effects of an event of Force Majeure and, within the shortest reasonable time, attempt to resume performance of the obligations delayed or prevented by the event of Force Majeure.
18.GOVERNING LAW AND JURISDICTION
This Agreement, the construction, and enforcement of its terms, and the interpretation of the rights and duties of the Parties hereto shall be governed by the laws of India and shall be subject to the jurisdiction of courts in Gurugram. This Agreement is executed in the English language which shall prevail over any translation thereof.
19.DISPUTE RESOLUTION
All disputes arising out of or in relation to this Agreement, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Parties within 15 days of being brought to their attention (such 15 day period is referred to as the “Consultation Period”), shall be settled by arbitration governed by the provisions of Arbitration and Conciliation Act, 1996 and the rules made thereunder and/or any amendments thereof. Each dispute submitted by a party shall be referred to the Independent Sole Arbitrator to be mutually appointed by the parties. In case parties failed to appoint Sole Arbitrator within 15 days after raising dispute then in such case, Sole Arbitrator shall be appointed through the intervention of the court. The venue/seat of Arbitration shall be New Delhi and the language of the arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.
20.SUCCESSORS
This Agreement binds the successors and assigns of the respective parties with respect to all covenants herein, and cannot be changed except by a written agreement signed by both Parties.
21.SEVERABILITY AND WAIVER
If any provision of these terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. A failure or delay of any Party to this Agreement to enforce at any time any of the provisions of this Agreement or to exercise any option which is herein provided, or to require at any time performance of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions of this Agreement.
22.NO PARTNERSHIP OR AGENCY
It is expressly understood by the parties to the agreement that Momoe is not performing any activity or job of providing service on behalf of the Merchant which tantamount to Seller or Retailer and or Stockiest/Distributor. Nothing in this Agreement (or any of the arrangements contemplated herein) shall be deemed to constitute a partnership between the parties hereto, nor, except as may be expressly provided herein, constitute any party as the agent of another party for any purpose, or entitle any party to commit or bind another party in any manner.
23.COUNTERPARTS
The Parties may execute this Agreement in counterparts and each fully executed counterpart shall be deemed an original.
24.BANNED PRODUCTS
List of banned or prohibited Products Dangerous Goods
- Oil-based paint and thinners (flammable liquids)
- Industrial solvents
- Insecticides, garden chemicals (fertilizers, poisons)
- Lithium batteries
- Magnetized materials
- Machinery (chain saws, outboard engines containing fuel or that have contained fuel)
- Fuel for camp stoves, lanterns, torches, or heating elements
- Automobile batteries & their spare, electric products with a battery source
- Infectious substances
- Any compound, liquid, or gas that has toxic characteristics
- Bleach
- Flammable adhesives
- Arms and ammunition
- Dry ice (Carbon Dioxide, Solid)
Restricted Items
- Precious stones, gems, and jewelry
- Uncrossed (bearer) drafts/cheque, currency, and coins
- Poison
- Firearms, explosives, and military equipment.
- Hazardous and radioactive material
- Foodstuff and liquor
- Any pornographic material
- Hazardous chemical items
- Pets and Animals
- Narcotics Supplies restricted under Narcotics Law
- Radioactive material
- Commodities banned by law at any given time without prior notice
25.API
Third parties using Artistique World’s API are subject to our API Terms of Use.
Electronic Communication Policy
1.Information Artistique World Will Send You
Artistique World will sometimes need to send you important messages about your use of Artistique World’s website, mobile apps, or other services (collectively, our “Services”). This policy covers all of those messages, including the terms, policies and user agreements applicable to your use of the Services, billing statements, transaction information, privacy disclosures, tax statements, and other legal documents that will be provided to you electronically (collectively, the “Electronic Communications”).
2.Communications Will Be Sent Electronically
Under this policy, you give your consent for Artistique World to provide you with the Electronic Communications (including all legal terms and legally-required disclosures) electronically. You also agree that your agreement with electronic terms and disclosures has the same legal effect as if you had signed an agreement on paper. For example, if language appearing next to a button on Artistique World’s website informs you that you will agree to certain terms by clicking the button, then your click of the button will have the same legal effect as signing an agreement on paper.
3.Delivery of Information
Artistique World may provide you with Electronic Communications by (a) emailing them to you at the email address listed in your Artistique World account, (b) posting them on the Artistique World website or mobile applications, or (c) making them available via a website designated in an email notice to you.
4.Technical Requirements to Receive Electronic Communications
In order to receive Electronic Communications, you must have the following:
A computer or mobile device;
A connection to the internet;
An internet browser that supports 128-bit encryption, with cookies, enabled;
An active email address; and
Sufficient electronic storage space on your computer’s hard drive or other data storage unit and/or an installed printer to print disclosures.
5.Withdrawing Consent for Electronic Communications
You may withdraw your consent to receive Electronic Communications at any time by submitting a request to us at [email protected]
Note that if you withdraw your consent to receive Electronic Communications, such withdrawal will only be effective after Artistique World has had a reasonable period of time to process your withdrawal (usually 3 months). Additionally, if you withdraw your consent to receive Electronic Communications, and Artistique World is required to send you paper copies of communications, Artistique World may cancel your access to the Services.
In order for Artistique World to send you paper copies, you must have a current mailing address on file in your Artistique World account. Artistique World reserves the right to charge you reasonable fees to cover the costs of sending you paper copies of Electronic Communications.
6.Updating Your Contact Information
To ensure that you receive Electronic Communications, you should make sure that the contact information in your Artistique World account is accurate. Artistique World is not responsible for your failure to receive Electronic Communications if you failed to update your contact information.
Ethical Expectations
- No child labor or youth labor: Any production partner you choose to work with should follow all local laws and rules regarding working hours and working conditions for minors.
- No involuntary labor: Production partners should not use involuntary labor, including slave labor, prison labor, indentured labor, or forced labor.
- Humane working conditions: Work with production partners who provide humane working hours for their employees and who do not use any form of physical or psychological coercion or intimidation against their workers.
- Non-discrimination: Per our Anti-Discrimination Policy, there should be no tolerance for discrimination on the basis of:
- Race
- Colour
- Ethnicity
- National origin
- Religion
- Gender
- Gender identity
- Sexual orientation
- Disability
- Any other characteristic protected under applicable law
Artistique World may reach out for additional information to determine sellers’ commitment to these ethical expectations, as well as Artistique World’s Handmade Policy.
Artistique World can’t guarantee the conditions under which products listed for sale on Artistique World were made. Artistique World does not currently audit third-party production partners based on labor or other standards, and we do not require sellers to demonstrate that the materials incorporated into their products comply with the laws in the country or countries in which such suppliers do business. Artistique World is not responsible for any production partners chosen by sellers.
Fee & Payment Policy
Sellers may be charged for using some of Artistique World’s services. This Fees & Payments Policy explains your fees and taxes and how to pay them.
This policy is a part of our Terms of Use. By opening an Artistique World shop, you’re agreeing to this policy and our Terms of Use.
1. Types of Fees
Sellers may be required to pay the following types of fees. Please note that all fees are listed exclusive of any VAT or GST that may apply. See the Taxes section below for further details.
Listing Fees
You will be charged a listing fee of Rs.150 for a 4 month period when listing fee is activated. This includes 20 product listings on your shop for sale. For items already listed on your Artistique World shop, there are no additional listing fees to list items on the Artistique World website. You will only be charged a listing fee for creating or renewing a listing on Artistique World; there is no fee for editing a listing. You will be charged a listing fee whether or not the listed item sells. Artistiquew.com listings expire after four months. Listings will be auto-renewed at the rate mentioned at the time of the registration or any succeeding rate (Notice will be given if the listing fee changes and when its activated)
Listing fees are reflected in your payment account and deducted at the time the listing is published or renewed. It’s important to note that listing fees are non-refundable.
For listings that exceed the count of 20, Rs. 150 will be charged per the extra 20 listings accounted for. The listing fee will be charged through a subscription package, which will be available in the vendor dashboard once activated.
NOTE: NO LISTING FEE WILL BE CHARGED AS AN INTRODUCTORY OFFER UNTIL ANY FURTHER NOTICE.
Auto-renew. Artistique World’s automatic renewals feature will automatically renew your listings at the end of the four-month listing period unless you choose to not use automatic renewals for a particular listing or for your shop. You will be charged the listing fee of Rs. 150 per 20 listings until you cancel automatic renewals. You can see the listing status in your Listings Manager and may cancel automatic renewals at any time. Once you cancel, you will only be charged for the current listing period. |
Transaction Fees
When you make a sale through artistiquew.com, you will be charged a transaction fee according to the charge sheet of the price you display for each listing plus the amount you charge for additional options, delivery, and gift wrapping. If you offer optional personalization for an additional fee, the additional fee for personalization is added to the listing price you display and the total display price is subject to the same transaction fees described in this Section. Include applicable taxes in your listing prices. Transaction fees are deducted from your current balance as each sale occurs, and are reflected in your payment account.
In case of using Artistique World’s shipping, A flat shipping rate(already included in your listed product price) will be charged from Artistique World to you, the vendor.
Charges/Transaction fee per sale = Shipping Fee(already included in your product listing price) + payment gateway charges + AW Charge.
This will be summed and Artistique World will charge you a Fixed + Variable(% per transaction) amount per sale. You may find this in the AW Fee document on the policies page.
Payment Processing Fees
Artistique World charges a payment processing fee for each transaction through Cashfree & Stripe. Payment processing fees vary based on the location of your bank account. This processing fee is included in the charges that we collect from you per transaction.
Delivery Fees
Artistique World offers sellers in most locations (pan India) the ability to ship to fulfill their orders. The cost of the shipping will depend on the delivery carrier and the origin, destination, weight, and dimensions of the package. You must accept Artistique World payment methods to use shipping through Artistique World. Shipping fees and any adjustments are reflected in your payment account and deducted from your current balance or per transaction. (Notice will be given if the fee changes)
For more information, please see the Delivery Policy.
Currency Conversion
With the exception of the transaction fee, Offsite Ads fees, the Payment Processing fee, and deposit fees, Artistique World converts fees from INR to your payment account currency at the market rate at the time the fee is reflected in your payment account. All fees appear in your payment account in your domestic currency.
1. Transaction fee and Offsite Ads fees:
If you list your items in a currency other than that of your payment account, the transaction fee and, where applicable, the Offsite Ads fee, on the price you display for each listing plus the amount your charge for postage and gift wrapping will be converted to your payment account currency at the market rate and reflected in your payment account.
To avoid incurring foreign exchange charges on your sales, Artistique World recommends you list your items in the same currency as your payment account currency. Buyers see the items in the currency of their choosing. As an Artistique World user, if you decide to list in a currency other than that of your payment account, you will be charged a currency conversion fee on the sale amount to send funds to your payment account. Currency conversion is handled automatically by our payment processing service.
2.Fee Avoidance
Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Artistique World. This includes, for example, encouraging buyers to purchase an item in your Artistique World shop through another venue. A transaction initiated on Artistique World may not be completed off of Artistique World. The price stated in each listing description must be an accurate representation of the sale. Sellers may not alter the item’s price after a sale for the purpose of avoiding Artistique World transaction fees, misrepresent the item’s location, or use another user’s account without permission.
3. Paying your Artistique World Fees
Artistique World will automatically deduct all fees owed per transaction and then deposit the remaining amount in your bank account. Please make sure to update your bank account details in your vendor dashboard. No further action is required unless any additional fees or subscription packaged have to be bought. Artistique World may charge your card on file or take other actions to collect funds as laid out in the Recoupment section of Artistique World’s Payments Policy. Artistique World may suspend your selling privileges at any time pending payment of your outstanding balance.
4. Taxes
Aside from the limited circumstances set out below, you are responsible for collecting and paying any taxes associated with using and making sales through Artistique World’s services.
- Listing your items on Artistique World
If you sell on Artistique World and reside outside of India, you need to include applicable taxes in your listing prices. Please note that while some countries may refer to GST using other terms, e.g. GST, we’ll just refer to GST and any local sales taxes collectively as “GST” unless the context requires otherwise.
Where Artistique World is required to collect GST/VAT on your behalf, Artistique World will use the category you assigned to each listing to calculate, collect and remit the applicable taxes. You are solely responsible for ensuring that all of your listings are properly categorized, and you agree to indemnify Artistique World for any losses it incurs in connection with any miscategorization of your listings by you.
Please remember that Artistique World’s fees do not include any withholding taxes that might apply in your home country. You are required to pay Artistique World the full amount of our fees and may not deduct any applicable withholding taxes from that amount.
Please also note that some countries require Artistique World to apply VAT or GST on the fees that you may be charged in accordance with this policy and that the fees listed in this policy are exclusive of VAT.
B. Taxes on Seller Services
VAT or GST on Seller Fees
Depending on your business status and location, Artistique World may be required to apply VAT or GST on seller fees charged each month and remit it to the relevant tax authority. VAT/GST is collected on all Artistique World fees for sellers located in countries where VAT/GST should be applied.
Digital VAT Fees
Under local laws in certain countries, Artistique World is required to collect and remit VAT/GST to the relevant tax authorities when you sell a digital item delivered via automatic download to the buyer. Artistique World will automatically display the increased amount charged to the buyer of the digital item to collect the correct amount of VAT/GST, and we will remit it to the tax authorities. If the sales were made through Artistique World Payments, Artistique World will collect the VAT/GST amount from the buyer and pay the VAT/GST to the relevant tax authority, and you will not have to take any further action. If the sale was not made through Artistique World Payments, you will receive the additional amount paid by the buyer for the VAT/GST, and you will need to pay this amount to Artistique World. The VAT/GST amount paid by the buyer will appear on your payment account and will be deducted from your current balance.
Seller Chargebacks
What is a chargeback?
A chargeback is when funds are returned to a credit card owner after they report an incorrect or unwanted transaction on their card to the credit card company.
On Artistique World, the credit card company informs Artistique World of the chargeback and may also request more information, such as transaction information, proof of delivery, and proof of refund. Artistique World must respond to the credit card company with this requested information within a short timeframe.
Why would a chargeback be filed?
- Fraud – This is when the credit card owner reports that they did not make or authorize a transaction. This may happen when a credit card number is used without permission.
- Non-Delivery – This is when a buyer makes a purchase—and that purchase goes through—but the buyer never receives the item or items purchased.
- Not as Described – In this case, a purchase is made, but the buyer receives an item(s) that is different than what was listed on Artistique World, or different from what the buyer thought they were purchasing.
- Return – A credit card owner can request a chargeback if they’re not satisfied with the item(s) purchased and received. This could be for a variety of reasons, including damage.
- Dissatisfied – A chargeback can be filed if the buyer is not satisfied with their purchase.
How does a chargeback get filed against me as a seller?
A credit card owner, who may or— in some cases—may not be the buyer, contacts their credit card company and requests a refund for the transaction. The reasoning for the refund could be one or many of the types listed above.
How will I know there’s been a chargeback filed against me?
Artistique World receives reports of chargebacks from credit card companies and banks which issue credit cards and then investigates the dispute to see if it’s valid. If additional information is required from you to resolve the dispute, you will be contacted at the email address you used to open your Artistique World account.
If you are contacted, you’ll have five (5) days to respond. If you don’t respond in the given timeframe, it could result in a refund being issued on your behalf and the potential suspension of your shop. However, if Artistique World can resolve the dispute without contacting you, we may do so.
If a refund is necessary, how is it issued?
When a chargeback is filed against a shop, Artistique World always conducts a thorough investigation. In most cases, Artistique World will ask you, as the seller, to refund the order from your shop. However, Artistique World does reserve the right to refund the order on your behalf.
Seller best practices for chargebacks
Although chargebacks cannot always be completely avoided, here are some steps you can take as a seller to help prevent them:
- Provide a reasonable and accurate shipping date (also referred to as “processing time” or “ships-by-date”)
- When you ship an order, mark the order as shipped. You should only mark an order as shipped when you actually ship an order to a buyer.
- Provide valid proof of shipping with all orders. Valid proof can include a shipping or tracking number that shows the order route and delivery progress.
- Communicate with the buyer via Artistique World Messages about the status of their order, any questions they might have, and any additional details agreed upon in the transaction.
- Rather than encouraging a buyer to file a chargeback with their credit card company, you should use Artistique World’s Case system so that you and the buyer can work toward a solution. Artistique World is always happy to mediate and assist our community in situations like these.
- Actively participate in the case and respond to all questions posed by both Artistique World Admin and the buyer. Cases require the participation of both the buyer and the seller.
- Respond to Artistique World’s requests for information. Be sure to respond within the particular time frame given by Artistique World.
- Publish your policies for shipping, returns, exchanges, and custom orders on your shop’s Policies page. Also, please be sure that your shop policies are in compliance with Artistique World’s site-wide guidelines.
Valid proof of shipping
Always use a secure shipping method, like Artistique World Shipping, with tracking and/or delivery confirmation.
If you have attached tracking to order and it shows attempted delivery to the address on the receipt, we may not contact you at all, and respond to the dispute with the tracking information on your behalf.
If more information is still needed, you will be contacted and will have five (5) days to respond.
Valid proof of shipping can be, but is not limited to:
- An Artistique World Shipping proof
- A scanned copy of delivery forms or departure information
- A shipping service receipt or customs form that includes the date of shipment, as well as the name, full address, or zip code of the recipient
- A valid tracking number showing movement to the address listed at the time of the transaction or agreed upon in Artistique World Messages.
GST-Legal-Fees
Taxes
Apart from the limited circumstances set out below, you are responsible for collecting and paying any taxes associated with using and making sales through Artistique World’s services.
Note that Artistique World might be required to apply GST on the fees that you may be charged in accordance with this policy and that the fees listed are exclusive of GST. Any amount to be paid to the supplier by Artistique World shall be paid net of reversals.
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Seller
You are required to pay Artistique World the full amount of fees. Any withholding tax like TDS and TCS as per the laws in force might be applied while making the payment. Any statutory non-compliance on your part with respect to the withheld amount and other legal obligations shall not cast any liability or loss on Artistique World. If any such incident occurs then you undertake to indemnify Artistique World for the losses and charges.
Depending on your business status and location, Artistique World may be required to apply GST on seller fees charged each month and remit it to the relevant tax authority. VAT shall be collected on all Artistique World fees for sellers located in countries where VAT should be applied.
Where Artistique World is required to collect any tax on your behalf, Artistique World will use the category you assigned to each listing to calculate, collect, and remit the applicable taxes. You are solely responsible for ensuring that all of your listings are properly categorized and you agree to indemnify Artistique World for any losses it incurs in connection with any miscategorization of your listings by you.
If you sell on Artistique World and reside outside India, you need to include applicable taxes in your listing prices. Wherever required we shall quote our fees inclusive of taxes. Please note that while some countries may refer to GST using other terms, e.g. VAT, we’ll just refer to it as “GST” unless the context requires otherwise.
Under local laws in certain countries, Artistique World may be required to collect and remit VAT/GST to the relevant tax authorities when you sell a digital item delivered via automatic download to the buyer. Artistique World will automatically display the increased amount charged to the buyer of the digital item to collect the correct amount of VAT/GST, and we will remit it to the tax authorities.
The suppliers are also expected to coordinate and rectify any discrepancies arising with tax returns.
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Customer
The GST to be charged on the product based on the categorization by the seller will be added to the price. Where any membership or subscription availed, GST may be charged when applicable. The information of the same shall be available when availing the same.
- Vendors
While making payment for services availed by Artistique world from various vendors, a proportionate amount (eg:- TDS and TCS) may be deducted wherever applicable in accordance with laws and the same shall be deposited to tax authorities.
The vendors shall make sure that they comply with GST compliances and create a hassle-free GST flow and Input tax credit claims.
Where any discrepancies arise, The same shall be settled in accordance with respective laws.
GST Compliance Policy
GST Policy:
Goods and Services Tax (GST) is an indirect tax payable on manufacture, sale, and consumption of goods and services.
GST has two categories namely inter-state (supplier and recipient are in same state) and intra-state (supplier and recipient are in same state)
What are the benefits of GST?
GST simplifies the tax payment by combining multiple taxes such as excise duty, service tax, VAT etc.Registering with GST gives you eligibility to claim credit for GST paid on input goods and services purchased.
GST proposes to ensure the indirect taxes and structure are common across India, thereby increasing certainty and ease of doing business
GST on AW services:
AW shall charge GST on its services and GST invoices shall be provided at the end of month. If the vendors are registered under GST, they shall be eligible to claim (input tax credit) ITC of GST paid on the AW services. Therefore, vendors are informed to share their GSTIN to get an GST invoice from AW.
Vendor liability:
As per section 24 of GST Act, every vendor that sells through an e-commerce operator is obligated to be registered with GST.**
All vendors registered with AW must be registered with GST. The vendors will be required to generate invoices on the customer for the sale of goods. AW shall also generate the invoice on and the same can be stored by the vendor in his records. If the customer is registered with GST, customer GSTIN data will be provided by AW and the same will be present in invoice. The GST registered customer will be eligible to take ITC(Input tax credit) on such goods.
If the vendor is NOT registered with GST, then AW shall withhold the GST portion on product and pay the remaining amount to the vendor. Vendor shall have no GST liability on that product in such case.However, processes might differ for GST Registered vendors and unregistered vendors. Please reach out to the finance team at AW to clarify this.
Tax Collected at Source (TCS)
According to Section 52 of the CGST Act, 2017, while making the payment to the vendor, AW is liable to deduct a certain amount from the consideration payable to the vendor. This is known as Tax Collected at Source (TCS). It is necessary for AW to have a vendor’s GSTIN to deduct TCS.
The amount so deducted as TCS shall be available to vendors under electronic cash ledger in GST portal. Vendor can utilize the same to set off against his GST liability while filing GST returns.
The current rates of TCS are :
Intra-state supplies= 1% of Invoice value (0.5% CGST + 0.5% SGST)
Inter-state supplies= 1% of Invoice value IGST
Changes to AW Fee as per GST Policy
AW will be registered as a GST compliant company and will be required to be compliant with GST charges on transactions and on fees. As our introductory period comes to an end, There will be a change in category wise commission and on the AW fee entailed per transaction. These wil be communicated to the vendors in advance and notice will be given through announcements available on the vendor dashboard. These will also be updated in the payments & Fees policy section of the website.
Taxes
Apart from the limited circumstances set out below, you are responsible for collecting and paying any taxes associated with using and making sales through Artistique World’s services.
Note that Artistique World might be required to apply GST on the fees that you may be charged in accordance with this policy and that the fees listed are exclusive of GST. Any amount to be paid to the supplier by Artistique World shall be paid net of reversals.
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Seller
You are required to pay Artistique World the full amount of fees. Any withholding tax like TDS and TCS as per the laws in force might be applied while making the payment. Any statutory non-compliance on your part with respect to the withheld amount and other legal obligations shall not cast any liability or loss on Artistique World. If any such incident occurs then you undertake to indemnify Artistique World for the losses and charges.
Depending on your business status and location, Artistique World may be required to apply GST on seller fees charged each month and remit it to the relevant tax authority. VAT shall be collected on all Artistique World fees for sellers located in countries where VAT should be applied.
Where Artistique World is required to collect any tax on your behalf, Artistique World will use the category you assigned to each listing to calculate, collect, and remit the applicable taxes. You are solely responsible for ensuring that all of your listings are properly categorized and you agree to indemnify Artistique World for any losses it incurs in connection with any miscategorization of your listings by you.
If you sell on Artistique World and reside outside India, you need to include applicable taxes in your listing prices. Wherever required we shall quote our fees inclusive of taxes. Please note that while some countries may refer to GST using other terms, e.g. VAT, we’ll just refer to it as “GST” unless the context requires otherwise.
Under local laws in certain countries, Artistique World may be required to collect and remit VAT/GST to the relevant tax authorities when you sell a digital item delivered via automatic download to the buyer. Artistique World will automatically display the increased amount charged to the buyer of the digital item to collect the correct amount of VAT/GST, and we will remit it to the tax authorities.
The suppliers are also expected to coordinate and rectify any discrepancies arising with tax returns.
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Customer
The GST to be charged on the product based on the categorization by the seller will be added to the price. Where any membership or subscription availed, GST may be charged when applicable. The information of the same shall be available when availing the same.
- Vendors
While making payment for services availed by Artistique world from various vendors, a proportionate amount (eg:- TDS and TCS) may be deducted wherever applicable in accordance with laws and the same shall be deposited to tax authorities.
The vendors shall make sure that they comply with GST compliances and create a hassle-free GST flow and Input tax credit claims.
Where any discrepancies arise, The same shall be settled in accordance with respective laws.
Cancellation-Policy
A seller may cancel a transaction under the following circumstances:
- The buyer did not pay. (The seller may flag a buyer for a payment not received, chargeback, or canceled payment.)
- Both the buyer and seller agree to cancel the transaction before dispatch, and the seller has issued the buyer a full refund.
- The seller has decided to refuse service to the buyer, and if the buyer has already paid, the seller has issued a full refund, including shipping.
- The buyer did not receive the item(s) ordered, even though the seller has provided proof of dispatch, and the seller has issued a refund for the item. (Refunding shipping is optional)
- The buyer and seller agreed that the buyer could return the item to the seller for a refund. The seller has received the returned item and issued a refund to the buyer for the item. (Refunding shipping is optional)
All cancellations must follow these policies:
- The order meets one of the above criteria.
- The buyer has not yet received their item. (Received orders don’t qualify for cancellation.)
- The seller refunds the buyer in full, except as described above.
- The cancellation meets all of Artistique World’s policies, including our Anti-Discrimination Policy.
- For more information on how to cancel an order, please see this Help article.
Return Policy
Provided here https://momentsbyaw.com/faq-vendor/
Product Policy
This section defines what kind of products are valid and can be listed on the Artistique World. The broad variety and the spectrum of products can be confusing, especially when the entire platform deals with customized and creative products.
Artistique World is a spectrum of ‘Makers’ and ‘Designers’.
Read more below about your obligations as a seller on Artistique World.
This policy is a part of our Terms of Use. By listing items for sale through Artistique World, you’re agreeing to this policy and our Terms of Use.
1. Selling Items
Artistique World is a spectrum of different kinds of sellers. On one end, we have makers as sellers who are literally making their items with their own hands (or tools). On the other end, we have designers as sellers who design their items but rely entirely on outside assistance or another business to help physically produce them. Many sellers selling through Artistique World fall in the middle of the spectrum because they are both making and designing their items.
Regardless of where you fall on this spectrum, you must be transparent about who is helping you and how your items are being made. Everything listed on Artistique World must be made and/or designed by you, the seller. Reselling is prohibited. Reselling could entail buying off products from various sellers and setting up a retail shop on Artistique World. You may also have shop members who help you run your business, as long as you, the seller, are making and/or designing your items with your shop members, craftsmen, or anyone who works for you or with you.
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Makers
A maker is a seller who is physically making the items listed for sale in their Artistique World shop. A maker might design their items in addition to making them, or they might follow a pattern or template that they did not design. Regardless, makers must be creating their items with their own hands (or tools) alone or with the team.
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Designers
A designer is a seller who has come up with an original design, pattern, sketch, template, prototype or plan to be produced by in-house shop members or a production partner. If you are a designer and you are using a production partner to help make your items, you must also disclose information about your production partner in your listings. A production partner is anyone (who’s not a part of your Artistique World shop) who helps you physically produce your items.
2. Using Production Assistance
Designers may work with production partners to help make handmade items in certain circumstances. Keep in mind that people come to Artistique World to discover items that they might not find anywhere else. Your design and production process should lead to the creation of a unique item that would not exist without you, the designer.
We expect your production partner to produce items themselves in their own facilities. A contractor or agent who outsources production may not be used as a production partner. Examples of production services include, but are not limited to, printing, apparel printing, 3D-printing, casting, plating, engraving, cutting and sewing, and finishing.
If you work with a production partner, you must disclose certain information in the listing process, including:
- The name of your production partner(s);
- The location of your production partner(s);
- Details about the nature of your partnership and design process; and
- A general description of the work your production partner does for you.
You may choose to keep the name of your production partner and details about your partnership and design process confidential (visible only to select Artistique World employees), but the location and description of your production partner will appear on your About section and listings.
We may reach out to you at any time with a more detailed inquiry about your business. Please be prepared to provide additional details about the origins of your business, your role in the design process, your production process, and your connection to your production partner, as well as what efforts your production partner has made to follow our ethical expectations.
We understand that you may wish to keep the details of your design and business practices confidential. Please be assured that Artistique World will not use the private information you provide us for any purpose other than reviewing your business to determine that you are in compliance with our policies.
We reserve the right to reject any production partnerships that aren’t in the letter or spirit of this policy or our ethical expectations.
3. Being Transparent About Your Business
At Artistique World, we value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business. As a seller, you agree to:
- Disclose in your About section the names and roles of people who help make your items or run your business;
- Use your own words and photographs (not stock photos or photographs from the internet) to describe your items; and
- Respond to any inquiries from us in a timely manner. We may ask you how your items are made, what workspace, tools, and equipment you use; and how you communicate and collaborate with the people who help you run your shop.
Remember: Our marketplace is built on trust. Providing false, inaccurate, or misleading information is prohibited by our Terms of Use. If we find that you’re not being open and honest with us, we may suspend or terminate your account.
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Handmade items
Listing photos should be of the finished product made by you. Different handmade techniques produce different results, and it’s important that your images accurately reflect the product that a buyer will receive. Mockups may be used for digital items because they correctly depict the item.
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Items made with production partners
If an item is created with production assistance, the listing’s photos should be of the finished product or an image supplied by the production partner that accurately depicts the item the buyer will be receiving. Sellers are responsible for ensuring that these images properly represent their finished items.
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Personalized or made to order items
If an item cannot be photographed because it is personalized or made to order, we ask that you use examples of your similar previous work. This is to give your buyers the most accurate idea of what their custom-made items will look like when they’re completed. Images created with the aid of computer software may be used in the additional listing images to give buyers examples of customization options.
When listing personalized or custom embellished commercial items such as monogrammed or engraved accessories, your first image must show an embellished, finished item rather than the blank product you’ll be altering. In addition, you must use your listing description to accurately detail the item for sale.
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Craft supplies
All images of items and craft supplies should be of the items you have for sale, not stock or commercial images. Using your own photos ensures that the condition, quality, and quantity of items are accurately portrayed.
Prohibited Items Policy
Prohibited Items Policy
Artistique World is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from Artistique World. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of Artistique World. This policy explains what is prohibited or restricted in Artistique World.
This policy is a part of our Terms of Use. By opening an Artistique World shop, you’re agreeing to this policy and our Terms of Use.
The following types of items are prohibited or restricted on Artistique World:
- Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
- Animal Products and Human Remains
- Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
- Hate Items: Items that Promote, Support, or Glorify Hatred
- Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
- Internationally Regulated Items
- Pornography and Mature Content
- Violent Items: Items that Promote, Support, or Glorify Violence
Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we are a creative community, we are on the side of freedom of expression. We also tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.
In order to help provide clarity and insight into our policy-making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples below of what is allowed on Artistique World. We reserve the right to remove listings that we determine are not within the spirit of Artistique World. Violating this policy may result in the member’s selling privileges being suspended and/or terminated.
1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
Alcohol and drugs are prohibited on Artistique World. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances are not in the spirit of Artistique World.
More Details:
The following are examples of items that may not be sold on Artistique World:
- Alcohol.
- Tobacco products, smokeable products, e-cigarettes, and e-liquid.
- Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
- Drug paraphernalia, including, for example, items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporizers and their components.
- Medical drugs, regulated medical devices, and pharmaceuticals.
Restrictions on descriptions of purported health benefits:
A medical drug claim is a statement or suggestion that an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on Artistique World, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.
Artistique World prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. Artistique World may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. We also remove content that promotes prohibited medical claims, such as anti-vaccine items. If Artistique World receives proper notice from a legal authority, we may remove an item.
Examples of What is Allowed:
Beer brewing kits
Baked goods containing alcohol
Hookah
Tobacco pipes
Empty alcohol bottles and items made from them
2. Animal Products and Human Remains
Certain animal products are highly regulated and prohibited on Artistique World due to the risk of harm to a living, companion, or endangered animals.
More Details:
The following are examples of animal products that may not be sold on Artistique World:
- Live animals.
- Items created using any endangered or threatened animal species. Items made from cat and dog parts or pelts.
- Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilized ivory, and woolly mammoth ivory.
- Items made from human remains or products from the human body, except for teeth, fingernails, and hair.
Examples of What is Allowed:
Non-Ivory Animal Bones and Antlers
Leather Goods
Textiles Made from Animal Hair
Human Teeth or Hair
We expect all of our members to follow their local laws. If you are delivering items across international borders you should also consult for specific Law information about importing and exporting species that may be threatened.
3.Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
For safety and legal reasons, we prohibit certain dangerous items from our marketplace.
More details:
Hazardous Materials
Due to the potential harm caused by hazardous materials, as well as complex legal and delivery regulations surrounding such materials, hazardous materials are prohibited on Artistique World.
While not exhaustive, the following materials are examples of prohibited hazardous materials:
- Explosives (fireworks or sparklers)
- Explosive precursors
- Flammable items
- Gases
- Radioactive material
- Toxic substances (such as poisons)
Items that Present Unreasonable Risk of Harm
Items that present an unreasonable risk of harm are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking hazard. We generally rely on information from various government agencies to identify these items.
Weapons
Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any item intended to be used as a weapon to inflict harm. The following items are generally not allowed on Artistique World:
Guns, knives, or other blatant weapons, even if they are vintage.
Examples of What is Allowed:
Culinary knives or other knives used as tools
Letter openers
Toy slingshots
Airsoft guns and other non-harmful toy guns
4. Hate Items: Items that Promote, Support, or Glorify Hatred
We want Artistique World to be a community where people of all backgrounds, nationalities, religions, political affiliations, and even different types of artistic taste and humor feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others.
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Artistique World does not allow items or listings that promote, support, or glorify hatred towards people or otherwise demean people based upon race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”). We also prohibit items or content that promote organizations or people with such views.
The following items are not allowed on Artistique World:
- Items that support or commemorate current or historical hate groups, including propaganda or collectibles.
- Items that contain racial slurs or derogatory terms in reference to protected groups.
Examples of What is Allowed:
Some items may contain symbols or terms associated with hate groups in a context unrelated to the group itself. We understand that these items are subject to a variety of valid and often conflicting interpretations of their educational, historical, and artistic value. Recognizing that there may be no consensus on their value and reserving the right to evaluate such items on an individual, case-by-case basis, the following types of items are generally allowed on Artistique World:
Co-opted symbols, such as the swastika, when used in a peaceful or religious context (often in Hinduism, Buddhism, and Jainism). The item itself must possess features that clearly depict its cultural or religious origin or purpose.
A note on swastikas:
We are sensitive to the fact that there are many cultures throughout the world that use the swastika for legitimate purposes completely independent of each other. We have decided to allow swastikas when part of a clear religious or cultural context.
Items denouncing or mocking groups or historical figures that have a history of organized, targeted violence against protected groups
5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
We respect the law and expect Artistique World sellers to respect the law as well.
More Details:
Illegal items, items that promote illegal activity, and stolen items are not allowed on Artistique World. Neither are certain items that are subject to complex legal regulations or registration systems. Because Artistique World is a global company, it’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. Listings may not facilitate or promote illegal acts.
Counterfeit or unauthorized items are prohibited on Artistique World. We consider counterfeit or unauthorized goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent. Examples of prohibited counterfeit or unauthorized goods include replica luxury bags and branded apparel.
Additionally, due to complex legal restrictions that vary by location, Artistique World does not permit the sale of real estate, housing, or motor vehicles (for example automobiles, motorcycles, boats, travel trailers, etc.).
We require sellers to follow all applicable laws for the items they list.
6.Internationally Regulated Items
Artistique World provides a direct connection between buyers and sellers around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with laws and regulations of the country of destination as well as your local laws.
More Details:
When buying and selling internationally, you should comply with your local laws and be aware that other countries may have their own restrictions. You might be prohibited from exporting or importing certain items under international laws and regulations. Some transactions may require licenses, permits, or other documentation. If you have questions about how to comply with the law, we recommend that you speak to a qualified professional.
When you use Artistique World’s services, you are also responsible for complying with economic sanctions and trade restrictions. All Artistique World members must comply with our Sanctions Policy, regardless of their location.
Artistique World reserves the right to request that sellers provide additional information, disclose an item’s country of origin in a listing, or take other steps to meet compliance obligations.
You should be aware that third-party payment processors, such as Stripe, Cashfree may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. Artistique World has no authority or control over the independent decision-making of these providers.
7. Pornography and Mature Content
As a creative community, we tend to be fairly liberal about what we allow on Artistique World, but we draw the line at pornography. Beyond that, we restrict mature content so that people who are offended by this kind of material don’t have to see it. If you are selling mature content, we ask that you be respectful of differing sensibilities.
More Details:
Pornography of any sort is prohibited on Artistique World, whereas mature content is restricted.
Although pornography can be difficult to define, an item generally qualifies as pornography when it contains printed or visual material that explicitly describes or displays sex acts, sex organs, or other erotic behavior for the sole purpose of sexual arousal or stimulation.
We define mature content containing printed or visual depictions of human genitalia, sexual activity or content, profane language, sexual wellness items, violent images, and explicit types or representations of taxidermy. If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such.
When deciding whether mature content crosses over the threshold into pornography, we take into consideration the explicitness of depictions of sexual activity or content.
Examples of What is Allowed Without Restriction:
Non-pornographic nude photography and depictions of breasts
Non-pornographic depictions of buttocks
Abstracted or cartoonish depictions, within reason
8. Violent Items: Items that Promote, Support, or Glorify Violence
We want Artistique World to be a safe place for everyone. While violent content can be a legitimate part of historical, educational, or artistic expression, it should never be used to promote or glorify violent acts against others.
More Details:
We do not allow items or listings that promote, support, or glorify acts of violence or harm towards self or others, including credible threats of harm.
The following items are not allowed on Artistique World:
- Items that glorify human suffering or tragedies, including items that commemorate or honor serial killers
- Items that attempt to exploit natural disasters or human tragedies
- Items that encourage, glorify, or celebrate acts of violence against individuals or groups
- Items that encourage self-mutilation, starvation, or other self-harm
- Items that promote or endorse harmful misinformation
Examples of What is Allowed:
Fictional literary or artwork (such as zombies, vampires, or other fictional works that tend to contain violence)
Items that have educational, historical, or artistic value
Items that show support or bring awareness to those at risk of self-harm, including those with eating disorders
We hope these guidelines are helpful, but we cannot catalog every permitted or prohibited item. If you see something on Artistique World that appears to violate these rules, you can report it to us. For all the reports, or for any questions, please contact us at [email protected] or you can flag the item as well.
Reselling Policy
“Reselling” is selling an item that you, the seller, did not make or design. Artistique World’s marketplace includes handmade, handcrafted items, and craft supplies. Reselling is only allowed in the craft supplies categories.
Everything listed in our Handmade category must be made or designed by you or your craftsmen. Reselling is not allowed in Handmade. Read more in our Product Policy.
Examples of prohibited reselling include the following:
- Curating a collection of others’ handmade goods that you did not design or make
- Selling items made or designed by another seller who is not part of your shop
- Selling traditional handicrafts or fair trade items that you did not design or make
Artistique World reserves the right to remove listings that do not follow our policies. Sellers remain obligated to pay any fees incurred in listing such items.
Vendor Payment Policy
Artistique World Payments allows buyers and sellers to use various forms of payments on artistiquew.com, and Artistique World’s mobile apps and other services. Artistique World users can pay with and accept payment by credit card, debit card, Artistique World Gift Card, Artistique World Credit, some bank transfer services, PayPal (where available), Apple Pay(where available), Google Pay, Paytm & much more and some country-specific installment payment methods – all in their domestic Artistique World Payments currencies. This policy explains all of your rights and obligations when using Artistique World Payments.
This policy was published on 15th November 2020. It will take effect on 16th December 2020.
This policy is a part of our Terms of Use. By using Artistique World Payments, you’re agreeing to this policy and our Terms of Use.
1. Accepting These Terms
The Artistique World Payments Policy (to the “Policy”) sets out your rights and responsibilities when you use Artistique World Payments on Artistique World’s services (we’ll refer to artistiquew.com, Artistique World’s mobile apps, and other services as our “Services”), so please read it carefully. By using Artistique World Payments, you’re agreeing to the Policy.
The Policy is a legally binding contract between you and Artistique World.
2.Overview
Artistique World Payments allows sellers to (a) accept payment by authorized credit and debit card transactions, some bank transfers services, PayPal (where available), transactions using Apple Pay (where available), and transactions using Google Pay (where available), Paytm (where available) & much more, (b) have those funds credited to a seller’s payment account with Artistique World, and (c) have those funds deposited into a seller’s designated bank account. Artistique World reserves the right to add or remove payment methods accepted by Artistique World Payments in its sole discretion, with notice where required by applicable law.
Artistique World is only available to sellers who are at least 16 years old who register and are approved for a payment account with Artistique World. Artistique World Payments is currently available to sellers in India.
Sellers may only use Artistique World Payments for the sale of items listed on Artistique World’s Services and agree to dispatch sold items once a payment transaction is complete and reflected in their payment account. Artistique World reserves the right to terminate a seller’s access to Artistique World Payments if the seller uses Artistique World Payments in any other manner.
Buyers may authorize a payment with any major credit or debit card accepted by Artistique World, with Artistique World Gift Cards and Artistique World Credits, by certain bank transfer services, through Cashfree & Stripe. Buyers and Sellers benefit from Artistique World having visibility into payments made on Artistique World via Artistique World Payments because it can make the Services easy to use and enables Artistique World to more effectively provide support to sellers or buyers where relevant. It also can help reduce fraud and other types of misuse of the Artistique World platform.
3. Third-Party Services
Artistique World has engaged third-party service providers to perform many of the services related to payment processing, including card processing, disbursements, currency exchange, identity verification, fraud analysis, and regulatory compliance.
Artistique World partners with Cashfree and Stripe to facilitate card payments and other payments and the disbursement of funds to sellers. The provider and processing time for your payment will vary based on the country in which you’re located. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, Artistique World reserves the right to contact you directly and to seek payment.
Artistique World may share your personal or transactional information with those third-party service providers for purposes related to payment processing.
By using Cashfree or Stripe (the third party Service), you may also be subject to an agreement with the third party. These agreements can be found here
If Artistique World receives notice that your shop’s content or activity violates a third party’s service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, disabling listings from your shop, suspending or terminating your selling privileges, or removing certain payment methods.
4. Artistique World’s Rights and Responsibilities
Artistique World Payments functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in Artistique World’s Terms of Use.
As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or another periods of time. We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.
Artistique World may refuse service of Artistique World Payments to anyone, for any reason, at any time.
Artistique World reserves the right to decline or refund transactions that we believe to be high risk, fraudulent, in violation of trade sanctions, or otherwise in violation of Artistique World’s Terms of Use.
In the event that a buyer does not make payment for the purchase of a legitimate item sold using Artistique World Payments (e.g., where the buyer used a stolen or unauthorized credit card), Artistique World may provide limited payment protection to the seller, in the interest of fairness.
Artistique World maintains records associated with transactions on Artistique World Payments and does not pass any secure data, including credit card numbers or bank account information, to any sellers. Sellers will only receive delivery information and limited buyer account information necessary to complete the order. Artistique World’s Privacy Policy further explains how Artistique World handles user information.
Artistique World will send you any relevant notices regarding your use of Artistique World Payments in accordance with our Electronic Communications Policy.
5. Seller Rights and Responsibilities
- Payment Accounts. A payment account allows sellers to track payment amounts, refunds, and fees related to transactions and seller services. Sellers must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Sellers will not impersonate any person or use any name they are not legally authorized to use. Sellers authorize us, and authorized agents, to verify their information (at registration and on occasion when using the Services) by accessing public records and obtaining credit reports about the sellers. Artistique World verifies sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.
- Payment accounts are only available to individuals who are eligible to be sellers on Artistique World’s Services and who have a valid credit or debit card on file with Artistique World unless they are exempted from this requirement.
- Disputes. Sellers agree to resolve any disputes directly with a buyer or with the assistance of the dispute management and refund tools available on Artistique World, and in accordance with our Seller Policy. In the event that a dispute is escalated to Artistique World’s Support Team, Artistique World reserves the right to issue a refund to a buyer and recoup such funds from the seller if a transaction is found to be in violation of Artistique World’s policies.
- In the event that a buyer submits a chargeback, Artistique World will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. Artistique World reserves the right to recoup funds associated with buyer charge-backs from the seller.
- Communications: We will inform sellers of each transaction, or of other information pertaining to Artistique World Payments, using our standard communication procedures (detailed in our Electronic Communications Policy), including by email or through Artistique World’s Messages tool.
- Refunds: Refunds or adjustments paid by Artistique World to buyers for payments made through Artistique World Payments may be initiated using the refund functionality in the seller’s payment account for a period of 180 days after the purchase was made. The Artistique World Payments Platform does not have refund functionality after 180 days from the original purchase date. Any such funds paid by Artistique World to cover refunds will be deducted from the seller’s payment account balance. If there are insufficient funds to cover the amount of the refund, the balance will be charged to the seller’s card on file or added to the seller’s payment account. Refunds issued by Artistique World will be in the original form of payment, and if such payment is not available, an Artistique World credit will be issued.
- Artistique World reserves the right to refund buyers and recoup such refunded amounts from the seller where the seller has been refused service by Artistique World in accordance with Artistique World’s Terms of Use and/or, in circumstances where the seller has unfulfilled or overdue orders.
- Fully refunded transactions may be eligible for cancellation in accordance with our Cancellation Policy.
- Information on Cardholder Charges: Please note that your bank or card provider may charge additional fees (including cross-border fees) for transactions that you make on Artistique World. These fees are not charged by Artistique World and are at the discretion of your bank. Please contact your bank for further details.
6. Appointment of Artistique World as Limited Collection Agent for Sellers
Each seller appoints Artistique World as its agent for the limited purpose of receiving, holding, and settling payments to sellers. Artistique World will settle payments that are actually received by Artistique World to each seller, less any amounts owed to Artistique World and subject to these Terms. Each seller agrees that a buyer payment received by Artistique World, on behalf of the seller, satisfies the buyer’s obligations to make payment to the seller, regardless of whether Artistique World actually settles such payment to the seller. If Artistique World does not settle any such payments as described in these Terms to a seller, such seller will have recourse only against Artistique World and not the buyer.
7. Deposits
- Payment Account: All funds resulting from a completed transaction will be reflected as a balance in a seller’s payment account. Transactions are considered complete at the later of once the payment is approved by Artistique World or our fraud analysis service provider. Any refunds, adjustments, or other amounts paid to buyers in connection with purchases, or for funds received since the last payment day, are also applied to the seller’s payment account balance.
- Funds displayed in a seller’s payment account balance are eligible for a deposit (the “Available Funds”) into a seller’s bank account at the end of any applicable deposit delay, reserve, or hold period as determined by the seller’s bank. A deposit minimum also applies to deposits in certain markets. Funds will only be available for a deposit if they exceed the applicable deposit minimum.
- Scheduled Deposits: Artistique World will instruct our payments partners to initiate a deposit of a seller’s Available Funds into the seller’s bank account on a daily, weekly, fortnightly, or monthly basis. Sellers can select the frequency of disbursements from their payment account in their account settings. When a seller selects daily disbursements, disbursements will be made on each day that the seller’s payment account has a balance equal to or greater than the minimum daily disbursement thresholds listed below. When a seller selects weekly, biweekly, or monthly disbursements, disbursements will be made on every applicable Monday. In this policy, we’ll refer to the date of disbursement as the “Payment Date”. Deposits into a seller’s bank account will generally be credited within three (3) to five (6) business days from the date Artistique World initiates the deposit request. The actual timing of the deposit The Payment Date will fall on the next business day (Monday through Friday, excluding bank holidays) if the scheduled Payment Date falls on a non-business day. If a seller elects to change the frequency of disbursements, the following deposit will be initiated on the next business day if the seller selects daily disbursements, or on the next applicable Monday if the seller selects weekly fortnightly or monthly disbursements. When a seller either initially provides or later changes their bank account information, the seller must wait at least five (5) calendar days to request a deposit into a bank account as a security precaution. The next scheduled deposit after a change to bank account information will occur on the next applicable Payment Date after a period of five (5) calendar days from the date of the requested change.
- Holds and Delays: In some cases, deposits to a seller’s bank accounts could be temporarily delayed by an issue at Artistique World, Artistique World’s third-party service providers, or a seller’s bank. We’ll do our best to communicate with any affected seller as soon as we can.
- If we believe that a seller’s actions may result in buyer disputes, chargebacks, or other claims, then we may, in our sole discretion, put a hold, deposit delay, reserve on the seller’s payment account balance.
- Ahold may be put on funds associated with a particular transaction if there is a dispute or investigation related to the order, for the shorter of: (a) 180 days after the estimated delivery date, or (b) completion of any investigation regarding the seller’s actions.
- Deposit delays are defined as the number of days between a sale and the day the net amount from the sale becomes available for deposit, provided the payment has been completed. A deposit delay may be between 0 and 180 days. A deposit delay is applied across all transactions for a seller and the number of days is reflected in each seller’s payment account.
- If Artistique World places a hold, deposit delay, or reserve on a seller’s account, we’ll do our best to communicate with the affected seller as soon as we can.
- We always work hard to avoid and minimize any delays. However, please note that Artistique World is not obligated to refund any fees or reimburse any expenses due to holds or delayed deposits.
- Escheatment: If Artistique World cannot settle funds into seller’s bank account, or the seller is refused service by Artistique World under terms of use, the funds will remain with Artistique World and the balance remains available in the seller’s payment account. It is the seller’s sole responsibility to update their bank account information to receive the funds, if applicable. If a seller fails to update the information to claim the funds within a certain period of time or Artistique World cannot release funds to the seller for compliance reasons, Artistique World will escheat the funds to the relevant government authority as required in order to comply with applicable escheatment laws.
8. Recoupment
- We reserve the right, in our sole discretion, to seek reimbursement from a seller in any of the following circumstances: (a) we provide a refund to a buyer because a seller did not promptly deliver the goods or we otherwise determine, consistent with Seller Rights and Responsibilities, that a refund is warranted in a particular circumstance, (b) we discover erroneous or duplicate transactions related to a seller, (c) we receive a chargeback from a buyer’s credit card issuer or reversal of payment for the amount of a buyer’s purchase from a seller or (d) a seller does not act in accordance with Artistique World’s policies.
- We may obtain reimbursement of any amounts owed by a seller to Artistique World by deducting from future payments owed to the seller, reversing any credits to the seller’s payment account balance, charging the seller’s card on file, charging the seller’s payment account, or seeking reimbursement from the seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of the foregoing methods to seek reimbursement. Artistique World may suspend your selling privileges at any time pending payment of your outstanding balance.
9. Payment Processing Fees
- Overview: Artistique World charges a fee (the ‘Payment Processing Fee’) for processing each transaction through Artistique World Payments. The fee amount will be assessed on the gross order amount, including delivery and tax (if applicable). Payment Processing Fees will be reflected in your payment account and will be deducted from the total amount of the payment at the time the payment is considered complete. We reserve the right to modify the Payment Processing Fee at any time. Deposit fees are deducted from your Available Funds and reflected in your payment account at the time of your scheduled deposit. In the event of any partial or full refunds credited back to a buyer, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to the seller. Other applicable fees will be refunded to the seller’s payment account. Deposit fees will be refunded if the deposit is returned to a seller’s payment account.
- Listing Currency Conversion Considerations for Sellers: When a seller lists and subsequently sell an item in a currency other than the currency of the seller’s payment account, Artistique World will settle the associated transaction proceeds in the currency of the seller’s payment account.
- Goods And Services Tax or Value-Added Tax (GST or VAT): Depending on your business status and location, Artistique World may be required to charge VAT or GST on seller fees accrued each month and remit it to the relevant tax authority. VAT or GST is collected on Artistique World.
10. Termination
Sellers may terminate this contract and their acceptance of Artistique World Payments at any time by adjusting the settings in their account with Artistique World. Artistique World may also terminate or suspend a seller’s use of Artistique World Payments at any time.
Upon termination, any non-disputed Available Funds will be deposited into a seller’s bank account. Artistique World reserves the right, upon the termination of access to Artistique World Payments, to set off against any payments to be made to the seller, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments, or other amounts that might be paid to buyers in connection with purchases from the seller’s payment account for a prospective 180-day period. At the end of the 180-day period following termination, we will disburse to the seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to Buyers, or seek reimbursement from the seller via any of the means authorized in this Policy for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.
Intellectual Property Policy
As a venue for artists, designers, and makers, Artistique World takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our marketplace, and how Artistique World sellers can respond when their listings or shops are affected by a notice.
This policy is a part of our Terms of Use.
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Artistique World’s Role
Artistique World is a marketplace comprised of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and compliance with the law. We provide a venue, but Artistique World does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Artistique World’s marketplace is generated by independent sellers who are not employees, agents, or representatives of Artistique World. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.
Artistique World reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use, including this Intellectual Property Policy or our Prohibited Items Policy. Artistique World also reserves the right to take action against abusers of Artistique World’s Intellectual Property Policy or our Terms of Use.
Artistique World can’t speak on behalf of intellectual property owners, nor is Artistique World in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Artistique World will remove the material cited for alleged intellectual property infringement when provided with proper notice.
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Notices of Intellectual Property Infringement
Artistique World strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Artistique World removes or disables access in response to a notice, Artistique World makes a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter-notice. Artistique World may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.
Please use Artistique World’s Reporting Email address to provide notice of claimed infringement to Artistique World’s under the Digital Millennium Copyright Act & other intellectual property claims: [email protected]. Using this email is the fastest way for us to address your claim.
Artistique World may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Artistique World may reject notices or counter-notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Artistique World also reserves the right to take action against abusers of this policy.
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Counter-Notice
In accordance with the Digital Millennium Copyright Act (DMCA), Artistique World accepts counter-notices for copyright notices only. When Artistique World receives a DMCA counter-notice, we will provide a copy of the counter-notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter-notice is processed unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Artistique World of this action.
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Repeat Infringement
Artistique World terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Artistique World’s discretion. If we believe a member has attempted to open a new shop after the termination of the initial account, we reserve the right to refuse all services to that member. These actions apply to any accounts we believe are associated with or operated by the affected member. Artistique World reserves the right to terminate account privileges at any time, for any reason, and without advance notice.
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Notice Withdrawals
Artistique World only accepts withdrawals of infringement notices directly from the intellectual property owner or authorized representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material (such as by providing the username, shop name, and Artistique World listing URLs).
Once Artistique World receives a formal withdrawal of a notice of an infringement, Artistique World makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member’s shop status.
General Seller Policy
Artistique World is a marketplace where you can sell your handmade goods, vintage items, and craft supplies directly to buyers around the world. We want to make sure that you and your buyers have a positive experience at Artistique World. Please read on to find out more about your rights, as well as what is expected of you, as a seller/artist.
This policy was published on 15th December 2020. It will take effect on 16th October 2020. This policy is a part of our Terms of Use. By opening an Artistique World shop, you’re agreeing to this policy and our Terms of Use.
1. Selling Basics
Keeping in mind that these basic requirements will set you up for success on Artistique World.
- What Can be Sold on Artistique World?
Artistique World is a unique marketplace. Buyers come here to purchase items that they might not find anywhere else. Everything listed for sale on Artistique World must be handmade, handcrafted, or a craft supply.
Handmade items are items that are made and/or designed by you, the seller, or your craftsmen. Read our full Handmade Policy here.
If you sell handmade items, you agree that:
- All handmade items are made or designed by you or your craftsmen. If you work with a production partner, you must disclose that production partner in your relevant listings.
- You accurately describe every person involved in the making of an item in your shop in your About section.
- You are using your own photographs or video content —not stock photos, artistic renderings, or photos used by other sellers or sites. Read more about using appropriate photographs in this Help article.
If you are selling personalized or made-to-order items in the Handmade category, you agree that:
- All listings are available for purchase at a set price.
- If you are using photographs of previous work with options for customization (like color choices) included in the listing, it is clear in your description that the photos shown are just examples.
Craft Supplies are tools, ingredients, or materials whose primary purpose is for use in the creation of an item or special occasion. Craft supplies may be handmade, commercial. Party supplies may also be sold as craft supplies.
We encourage you to be transparent about how your craft supplies were made and where your materials come from. You can disclose whether your items have social or environmental attributes, such as organic or recycled. You can also select the location.
- What Cannot Be Sold on Artistique World?
Even if they otherwise meet our marketplace criteria, prohibited items and items that violate our intellectual property policies are not allowed to be sold on Artistique World.
Reselling is not allowed in the handmade category on Artistique World. Reselling refers to listing an item as handmade when you or your craftsmen were not involved in designing or making that item.
Keep in mind that members may report listings that appear to violate our policies for Artistique World’s review. Artistique World may remove any listings that violate our policies. Note that listing fees are non-refundable. Artistique World may also suspend or terminate your account for any violations. You’ll still be on the hook to pay any outstanding fees on your Artistique World statement. You can find more information on our Fees & Payments Policy.
If you are raising money on behalf of a charity, you must obtain that charity’s consent. Please see this Help article for more information about donating any portion of your sales to charity.
- Managing your Artistique World Shop
Your shop represents you and your business to the Artistique World community. It’s important that you, your items and your shop are honestly and accurately represented.
By selling on Artistique World, you agree that you will:
- Provide honest, accurate information in your About section.
- Honor your Shop Policies.
- Ensure your shop content, such as any text, photos, or videos used to represent yourself, your shop, or your listings, abide by Artistique World’s policies, including our Anti-Discrimination policy.
- Accurately represent your items in listings and listing photos.
- Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, report on [email protected].
- Not engage in fee avoidance.
- Not create duplicate shops or take any other action (such as manipulating clicks, baskets, or sales) for the purpose of shilling, manipulating search, or circumventing Artistique World’s policies.
- Not coordinate pricing with other sellers
- Seller Standards by listing a product for sale on Artistique World you understand and agree that you are responsible for complying with all applicable laws and regulations for the products you list for sale, including any required labels and warnings. Artistique World assumes no responsibility for the accuracy, labeling, or content of your listings.
Meeting Service Level Standards
As a seller, you must provide great customer service and maintain trust with your buyers. These requirements are called our Seller Service Level Standards. Artistique World may reach out to you if your shop fails to meet Artistique World’s Seller Service Level Standards.
By selling on Artistique World, you agree to:
- Honor your dispatch and processing times. Sellers are obligated to dispatch an item or otherwise complete a transaction with a buyer in a prompt manner unless there is an exceptional circumstance. Please be aware that legal requirements for dispatch times vary by country. Read more in our Delivery Policy.
- Respond to Messages in a timely manner.
- Honor the commitments you make in your shop policies.
- Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, our Dispute Resolution team can help through our case system. Read about your rights and responsibilities regarding cases here.
- If you are unable to complete an order, you must notify the buyer and cancel the order. Read about how to cancel an order in this Help article.
- Selling Fees: Sellers may be charged for using some of Artistique World’s services. There are fees associated with the listing, selling, advertising, and certain other Artistique World products and features. You can find information on fees in the Fees and Payments Policy.
2. Being a Member of the Artistique World Community
At Artistique World, everyone is expected to treat fellow members of the Artistique World community with respect. As a seller, you have additional responsibilities to safeguard personal information and communicate promptly with buyers in order to provide a great customer experience.
1.Creating and Uploading Content
As a member of Artistique World, you have the opportunity to create and upload a variety of content, like listings, Messages, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:
- Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy;
- Obscene or vulgar;
- In violation of someone else’s privacy or intellectual property rights; or
- False, deceptive, or misleading.
2.Privacy and Protecting Personal Information
You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Artistique World user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to Artistique World users with whom you interact. Your privacy policy must be compatible with this policy and Artistique World’s Terms of Use.
In particular, when you sell using our Services (subject to this Policy) or use Artistique World’s API (also subject to the Artistique World API Terms of Use), you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and delivery address) and, to the extent you do so, under law, you are an independent controller of data relating to other users that you may have obtained through the Services. For more information on the General Data Protection Regulation, see more resources. As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Artistique World-related communications or for Artistique World-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable Artistique World policies and laws, you may not add any Artistique World member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you’re responsible for knowing the standard of consent required in any given instance. If Artistique World and you are found to be joint data controllers of personal information, and if Artistique World is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Artistique World for the expenses it occurs in connection with your processing of buyer personal information.
For more information, please see our Privacy Policy.
3.Communication Standards
- Messages
With Artistique World Messages, you have the ability to communicate directly with your buyers or other Artistique World members. Messages are a great way for buyers to ask you questions about an item or an order.
Messages may not be used for the following activities:
- Sending unsolicited advertising or promotions, requests for donations or spam;
- Harassing or abusing another member or violating our Anti-Discrimination Policy;
- Contacting someone after they have explicitly asked you not to; or
- Interfering with a transaction or the business of another member.
Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Artistique World. Examples of interference include:
- Contacting another member via Artistique World Messages to warn them away from a particular member, shop, or item;
- Posting in public areas to demonstrate or discuss a dispute with another member;
- Purchasing from a seller for the sole purpose of leaving a negative review;
- Maliciously clicking on a competitor’s Promoted Listings ads in order to drain that member’s advertising budget, also known as ‘click fraud’.
- Creating or using an independent buyer account to maliciously up-vote another shop’s negative reviews in order to position those reviews more prominently.
Harassment of any use of Artistique World Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a message that violates this policy, please let us know right away.
- Forums and Teams
The high-level overview that Forums and Teams are public spaces provided by Artistique World where sellers can connect, but there are communication standards that must be followed. More information can be found in the Artistique World Community Policy.
- Communicating Cancellations
If you are unable to complete a transaction, you must notify the buyer via Artistique World Messages and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises. All cancellations are subject to our Cancellation Policy.
Please be aware that in addition to this policy, each country has its own laws surrounding delivery, cancellations, returns, and exchanges. Please familiarise yourself with the laws of your own country and those of your buyers’ countries.
3. Feedback, Disputes, and Your Success
- Reviews
Reviews are a great way for you to build a reputation on Artistique World. Buyers can leave a review, including a one to five-star rating and a photograph of their purchase, within 100 days after their item’s estimated delivery date. If an estimated delivery date is not available, the preview window opens after the order’s processing time and delivery time have elapsed. Buyers can edit their review, including the photograph, any number of times during that 100 day period.
On a rare occasion, you receive an unfavorable review, you can reach out to the buyer or, if the review is less than 3 stars, leave a response.
Reviews and your response to reviews may not:
- Contain private information
- Contain obscene, racist, or harassing language or imagery;
- Violate our Anti-Discrimination Policy;
- Contain prohibited medical drug claims;
- Contain advertising or spam;
- Be about things outside the seller’s control, such as a delivery carrier, Artistique World, or a third party;
- Contain threats or extortion;
- Falsely inflate a shop’s review score; or
Undermine the integrity of the Reviews system.
- Artistique World’s Case System
The Case system is how order disputes are resolved at Artistique World. We ask buyers to contact sellers directly and attempt to resolve any outstanding issues before opening a case on Artistique World. For this reason, it is important that you fill out your shop policies and regularly respond to Messages from your buyers. However, sometimes a case may be necessary, and Artistique World will work with you and the buyer to resolve it as quickly as possible.
Buyers may file a case for a non-delivery or a not-as-described item. You must respond to any open cases within three days or the time frame noted by Artistique World in the case. Artistique World may request your assistance in resolving a case opened against your shop. Artistique World reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service, case manipulation, and undermining the integrity of the case system.
By using Artistique World’s case system, you understand that Artistique World may use your personal information for the purpose of resolving disputes with other members. For more information on cases and when an order might qualify for a case, please see this Help article. If Artistique World determines that an item is not as described, you will be required to refund the order, including original shipping and return shipping charges.
- Your Seller Account and Artistique World’s Terms
In order to keep Artistique World safe and improve our Services, we may take actions that limit the visibility of your shop, listings, or ads, or that impact your payment account. In the event, a shop sees unusual order activity, or we otherwise believe that your actions or shop may result in buyer disputes, chargebacks, increased risk of fraud, counterfeiting, or other claims, Artistique World may take actions such as limiting the visibility of your account or placing restrictions or reserves on your payments account, in accordance with our Terms of Service, including this Policy and our Artistique World Payments Policy. When appropriate and permitted by law, Artistique World will communicate information to the affected seller about the issue.
In addition, we may limit the visibility of listings or ads in the interest of keeping Artistique World safe and improving our Services. For example, listings or ads may have decreased visibility because they include terms that represent a prohibited item or based on third-party policies. These listings or ads may also be restricted from appearing in one or more features of the Artistique World Services. While these listings or ads may have limited visibility, they are still discoverable in search.
If Artistique World has reason to believe you, Your Content, or your use of the Services violates our Terms, including this Seller Policy, we may deactivate Your Content or suspend or terminate your account (and any accounts Artistique World determines is related to your account) and your access to the Services. Generally, Artistique World will notify you that Your Content or account has been suspended or terminated unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
- Seller Protection
Artistique World also provides limited protection to sellers who meet the requirements of our Seller Protection Programme. Read more about Artistique World’s Seller Protection Programme.
Sanctions Policy
Artistique World provides a direct connection between buyers and sellers around the world. When you use Artistique World’s services (we’ll refer to Artistique World.com, our mobile apps, and other services as our “Services”), you are responsible for complying with this policy, regardless of your location.
This policy is a part of our Terms of Use. By using any of our Services, you agree to this policy and our Terms of Use.
This policy applies to anyone that uses our Services, regardless of their location. It is up to you to familiarise yourself with these restrictions.
In order to protect our community and marketplace, Artistique World takes steps to ensure compliance with sanctions programs. For example, Artistique World prohibits members from using their accounts while in certain geographic locations. If we have reason to believe you are operating your account from a sanctioned location or are otherwise in violation of any economic sanction or trade restriction, we may suspend or terminate your use of our Services. Members are generally not permitted to list, buy, or sell items that originate from sanctioned areas. This includes items that pre-date sanctions since we have no way to verify when they were actually removed from the restricted location. Artistique World reserves the right to request that sellers provide additional information, disclose an item’s country of origin in a listing, or take other steps to meet compliance obligations. We may disable listings or cancel transactions that present a risk of violating this policy.
In addition to applicable local laws, Artistique World members should be aware that other countries may have their own trade restrictions and that certain items may not be allowed for export or import under international laws. You should consult the laws of any jurisdiction when a transaction involves international parties.
Finally, Artistique World members should be aware that third-party payment processors, such as Stripe & Cashfree, may independently monitor transactions for sanctions compliance and may block transactions as part of their own compliance programs. Artistique World has no authority or control over the independent decision-making of these providers.
The economic sanctions and trade restrictions that apply to your use of the Services are subject to change, so members should check sanctions resources regularly. For legal advice, please consult a qualified professional.
Seller Protection Policy
Artistique World’s Seller Protection can offer a little extra peace of mind to eligible sellers. When you qualify, Artistique World will work with you to resolve cases, investigate chargebacks, and help you deal with any other issues that come up with your Artistique World shop. This Seller Protection Policy explains the steps you must take to be eligible for Seller Protection and the types of items and transactions that may be covered.
This policy is a part of the Terms of Use. To qualify for Seller Protection coverage, you agree to this policy and our Terms of Use.
1. Seller Eligibility Requirements
Eligible sellers are automatically enrolled in Seller Protection — there is no application process. Here’s what you need to do to make sure your shop is covered:
- Keep your shop in good standing (that means you’re not violating any of Artistique World’s policies).
- Fill out all of your Shop Policies (it’s especially important to have policies for returns, exchanges, and custom orders). Your Shop Policies have to comply with Artistique World’s policies, as well as your local laws.
- Use accurate HD photographs and descriptions when you list items.
- Include reasonable and accurate processing times or dispatch-by dates with where you can deliver.
- Cooperate with investigations conducted by Artistique World. Promptly provide any information requested by Artistique World, and cancel and refund any transactions deemed invalid or unauthorized by Artistique World.
2. Order Eligibility Requirements
Follow these steps to make sure your orders are covered by Artistique World’s Seller Protection:
- Dispatch your order according to the processing time or dispatch-by date you listed or as agreed upon through Artistique World Messages.
- Dispatch the order to the address provided on Artistique World. If your buyer provides an alternate delivery address through Messages, be mindful of frauds & scams. You may choose to cancel and refund the order and ask the buyer to purchase the item again with the corrected delivery address.
- Mark the order as dispatched after you send it out.
- Provide valid proof of dispatch. Valid proof can include a delivery or tracking number that shows the order route and delivery progress.
- Use Artistique World Payment Gateway to receive payment for the order.
3. Items and Transactions Not Eligible
While most items and transactions qualify for Seller Protection, there are a few exceptions:
- Items sold in person via the Sell on Artistique World app.
- Subscriptions or other transactions in which the buyer submits a single payment for recurring deliveries (like item-of-the-month clubs).
- Transactions processed outside of Artistique World Payments, for example, through standalone PayPal or a personal check.
- Any order or transaction that is fulfilled by the seller despite notice from Artistique World that the order or transaction in question is invalid, fraudulent, or under investigation.
4. Seller Protection Benefits
We may have to request additional information or assistance from you. For Non-Delivery or Not as Described cases, we’ll need you to respond to our inquiries within 3 calendar days or the time frame noted by Artistique World in the case. If a chargeback is filed against you, we’ll need you to respond to any inquiries within 3 calendar days or the time frame indicated by Artistique World. If you don’t give us the necessary information in time, we may not be able to help resolve the dispute. Please keep in mind that we can’t guarantee a resolution in your favor.
For more queries or support you can mail us at [email protected]
Payment Policy
Artistique World Payments allows buyers and sellers to use various forms of payments on artistiquew.com, and Artistique World’s mobile apps and other services. Artistique World users can pay with and accept payment by credit card, debit card, Artistique World Gift Card, Artistique World Credit, some bank transfer services, PayPal (where available), Apple Pay(where available), Google Pay, Paytm & much more and some country-specific installment payment methods – all in their domestic Artistique World Payments currencies. This policy explains all of your rights and obligations when using Artistique World Payments.
This policy was published on 15th November 2020. It will take effect on 16th December 2020.
This policy is a part of our Terms of Use. By using Artistique World Payments, you’re agreeing to this policy and our Terms of Use.
1. Accepting These Terms
The Artistique World Payments Policy (to the “Policy”) sets out your rights and responsibilities when you use Artistique World Payments on Artistique World’s services (we’ll refer to artistiquew.com, Artistique World’s mobile apps, and other services as our “Services”), so please read it carefully. By using Artistique World Payments, you’re agreeing to the Policy.
The Policy is a legally binding contract between you and Artistique World.
2. Overview
Artistique World Payments allows sellers to (a) accept payment by authorized credit and debit card transactions, some bank transfers services, PayPal (where available), transactions using Apple Pay (where available), and transactions using Google Pay (where available), Paytm (where available) & much more, (b) have those funds credited to a seller’s payment account with Artistique World, and (c) have those funds deposited into a seller’s designated bank account. Artistique World reserves the right to add or remove payment methods accepted by Artistique World Payments in its sole discretion, with notice where required by applicable law.
Artistique World is only available to sellers who are at least 16 years old who register and are approved for a payment account with Artistique World. Artistique World Payments is currently available to sellers in India.
Sellers may only use Artistique World Payments for the sale of items listed on Artistique World’s Services and agree to dispatch sold items once a payment transaction is complete and reflected in their payment account. Artistique World reserves the right to terminate a seller’s access to Artistique World Payments if the seller uses Artistique World Payments in any other manner.
Buyers may authorize a payment with any major credit or debit card accepted by Artistique World, with Artistique World Gift Cards and Artistique World Credits, by certain bank transfer services, through Cashfree & Stripe. Buyers and Sellers benefit from Artistique World having visibility into payments made on Artistique World via Artistique World Payments because it can make the Services easy to use and enables Artistique World to more effectively provide support to sellers or buyers where relevant. It also can help reduce fraud and other types of misuse of the Artistique World platform.
3. Third-Party Services
Artistique World has engaged third-party service providers to perform many of the services related to payment processing, including card processing, disbursements, currency exchange, identity verification, fraud analysis, and regulatory compliance.
Artistique World partners with Cashfree and Stripe to facilitate card payments and other payments and the disbursement of funds to sellers. The provider and processing time for your payment will vary based on the country in which you’re located. If there are insufficient funds in your bank account when our provider processes the payment for your purchase, Artistique World reserves the right to contact you directly and to seek payment.
Artistique World may share your personal or transactional information with those third-party service providers for purposes related to payment processing.
By using Cashfree or Stripe (the third party Service), you may also be subject to an agreement with the third party. These agreements can be found here
If Artistique World receives notice that your shop’s content or activity violates a third party’s service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, disabling listings from your shop, suspending or terminating your selling privileges, or removing certain payment methods.
4. Artistique World’s Rights and Responsibilities
Artistique World Payments functionality may be made available, modified, or discontinued by us at any time without notice and is subject to the limitations in Artistique World’s Terms of Use.
As a security measure, we may impose transaction limits on buyers and sellers. For example, we may impose limits relating to the value of any transaction, deposit, or adjustment, or limits relating to the cumulative value of all transactions, deposits, or adjustments during a period of time. We may also impose limits related to the number of transactions per day or another periods of time. We will not be liable to a seller: (a) if we do not proceed with a transaction, deposit, or adjustment that would exceed any limit established by us, or (b) if we permit a buyer to withdraw from a transaction.
Artistique World may refuse service of Artistique World Payments to anyone, for any reason, at any time.
Artistique World reserves the right to decline or refund transactions that we believe to be high risk, fraudulent, in violation of trade sanctions, or otherwise in violation of Artistique World’s Terms of Use.
In the event that a buyer does not make payment for the purchase of a legitimate item sold using Artistique World Payments (e.g., where the buyer used a stolen or unauthorized credit card), Artistique World may provide limited payment protection to the seller, in the interest of fairness.
Artistique World maintains records associated with transactions on Artistique World Payments and does not pass any secure data, including credit card numbers or bank account information, to any sellers. Sellers will only receive delivery information and limited buyer account information necessary to complete the order. Artistique World’s Privacy Policy further explains how Artistique World handles user information.
Artistique World will send you any relevant notices regarding your use of Artistique World Payments in accordance with our Electronic Communications Policy.
5. Seller Rights and Responsibilities
- Payment Accounts. A payment account allows sellers to track payment amounts, refunds, and fees related to transactions and seller services. Sellers must provide accurate personal information as requested during registration, and are responsible for maintaining and updating that information as necessary. Sellers will not impersonate any person or use any name they are not legally authorized to use. Sellers authorize us, and authorized agents, to verify their information (at registration and on occasion when using the Services) by accessing public records and obtaining credit reports about the sellers. Artistique World verifies sellers’ information in order to safeguard the integrity of the marketplace and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions.
- Payment accounts are only available to individuals who are eligible to be sellers on Artistique World’s Services and who have a valid credit or debit card on file with Artistique World unless they are exempt from this requirement.
- Disputes. Sellers agree to resolve any disputes directly with a buyer or with the assistance of the dispute management and refund tools available on Artistique World, and in accordance with our Seller Policy. In the event that a dispute is escalated to Artistique World’s Support Team, Artistique World reserves the right to issue a refund to a buyer and recoup such funds from the seller if a transaction is found to be in violation of Artistique World’s policies.
- In the event that a buyer submits a chargeback, Artistique World will respond to the credit card networks on behalf of the seller involved in the transaction; the seller agrees to provide any requested information to us within five calendar days of the request. Artistique World reserves the right to recoup funds associated with buyer charge-backs from the seller.
- Communications: We will inform sellers of each transaction, or of other information pertaining to Artistique World Payments, using our standard communication procedures (detailed in our Electronic Communications Policy), including by email or through Artistique World’s Messages tool.
- Refunds: Refunds or adjustments paid by Artistique World to buyers for payments made through Artistique World Payments may be initiated using the refund functionality in the seller’s payment account for a period of 180 days after the purchase was made. The Artistique World Payments Platform does not have refund functionality after 180 days from the original purchase date. Any such funds paid by Artistique World to cover refunds will be deducted from the seller’s payment account balance. If there are insufficient funds to cover the amount of the refund, the balance will be charged to the seller’s card on file or added to the seller’s payment account. Refunds issued by Artistique World will be in the original form of payment, and if such payment is not available, an Artistique World credit will be issued.
- Artistique World reserves the right to refund buyers and recoup such refunded amounts from the seller where the seller has been refused service by Artistique World in accordance with Artistique World’s Terms of Use and/or, in circumstances where the seller has unfulfilled or overdue orders.
Fully refunded transactions may be eligible for cancellation in accordance with our Cancellation Policy.
- Information on Cardholder Charges: Please note that your bank or card provider may charge additional fees (including cross-border fees) for transactions that you make on Artistique World. These fees are not charged by Artistique World and are at the discretion of your bank. Please contact your bank for further details.
6. Appointment of Artistique World as Limited Collection Agent for Sellers
Each seller appoints Artistique World as its agent for the limited purpose of receiving, holding, and settling payments to sellers. Artistique World will settle payments that are actually received by Artistique World to each seller, less any amounts owed to Artistique World and subject to these Terms. Each seller agrees that a buyer payment received by Artistique World, on behalf of the seller, satisfies the buyer’s obligations to make payment to the seller, regardless of whether Artistique World actually settles such payment to the seller. If Artistique World does not settle any such payments as described in these Terms to a seller, such seller will have recourse only against Artistique World and not the buyer.
7. Deposits
- Payment Account: All funds resulting from a completed transaction will be reflected as a balance in a seller’s payment account. Transactions are considered complete at the later of once the payment is approved by Artistique World or our fraud analysis service provider. Any refunds, adjustments, or other amounts paid to buyers in connection with purchases, or for funds received since the last payment day, are also applied to the seller’s payment account balance.
- Funds displayed in a seller’s payment account balance are eligible for a deposit (the “Available Funds”) into a seller’s bank account at the end of any applicable deposit delay, reserve, or hold period as determined by the seller’s bank. A deposit minimum also applies to deposits in certain markets. Funds will only be available for a deposit if they exceed the applicable deposit minimum.
- Scheduled Deposits: Artistique World will instruct our payments partners to initiate a deposit of a seller’s Available Funds into the seller’s bank account on a daily, weekly, fortnightly, or monthly basis. Sellers can select the frequency of disbursements from their payment account in their account settings. When a seller selects daily disbursements, disbursements will be made on each day that the seller’s payment account has a balance equal to or greater than the minimum daily disbursement thresholds listed below. When a seller selects weekly, biweekly, or monthly disbursements, disbursements will be made on every applicable Monday. In this policy, we’ll refer to the date of disbursement as the “Payment Date”. Deposits into a seller’s bank account will generally be credited within three (3) to five (6) business days from the date Artistique World initiates the deposit request. The actual timing of the deposit The Payment Date will fall on the next business day (Monday through Friday, excluding bank holidays) if the scheduled Payment Date falls on a non-business day. If a seller elects to change the frequency of disbursements, the following deposit will be initiated on the next business day if the seller selects daily disbursements, or on the next applicable Monday if the seller selects weekly fortnightly or monthly disbursements. When a seller either initially provides or later changes their bank account information, the seller must wait at least five (5) calendar days to request a deposit into a bank account as a security precaution. The next scheduled deposit after a change to bank account information will occur on the next applicable Payment Date after a period of five (5) calendar days from the date of the requested change.
- Holds and Delays: In some cases, deposits to a seller’s bank accounts could be temporarily delayed by an issue at Artistique World, Artistique World’s third-party service providers, or a seller’s bank. We’ll do our best to communicate with any affected seller as soon as we can.
- If we believe that a seller’s actions may result in buyer disputes, chargebacks, or other claims, then we may, in our sole discretion, put a hold, deposit delay, reserve on the seller’s payment account balance.
- Ahold may be put on funds associated with a particular transaction if there is a dispute or investigation related to the order, for the shorter of: (a) 180 days after the estimated delivery date, or (b) completion of any investigation regarding the seller’s actions.
- Deposit delays are defined as the number of days between a sale and the day the net amount from the sale becomes available for deposit, provided the payment has been completed. A deposit delay may be between 0 and 180 days. A deposit delay is applied across all transactions for a seller and the number of days is reflected in each seller’s payment account.
- If Artistique World places a hold, deposit delay, or reserve on a seller’s account, we’ll do our best to communicate with the affected seller as soon as we can.
- We always work hard to avoid and minimize any delays. However, please note that Artistique World is not obligated to refund any fees or reimburse any expenses due to holds or delayed deposits.
- Escheatment: If Artistique World cannot settle funds into a seller’s bank account, or the seller is refused service by Artistique World under Artistique World’s Terms of Use, the funds will remain with Artistique World and the balance remains available in the seller’s payment account. It is the seller’s sole responsibility to update their bank account information to receive the funds, if applicable. If a seller fails to update the information to claim the funds within a certain period of time or Artistique World cannot release funds to the seller for compliance reasons, Artistique World will escheat the funds to the relevant government authority as required in order to comply with applicable escheatment laws.
8. Recoupment
- We reserve the right, in our sole discretion, to seek reimbursement from a seller in any of the following circumstances: (a) we provide a refund to a buyer because a seller did not promptly deliver the goods or we otherwise determine, consistent with Seller Rights and Responsibilities, that a refund is warranted in a particular circumstance, (b) we discover erroneous or duplicate transactions related to a seller, (c) we receive a chargeback from a buyer’s credit card issuer or reversal of payment for the amount of a buyer’s purchase from a seller or (d) a seller does not act in accordance with Artistique World’s policies.
- We may obtain reimbursement of any amounts owed by a seller to Artistique World by deducting from future payments owed to the seller, reversing any credits to the seller’s payment account balance, charging the seller’s card on file, charging the seller’s payment account, or seeking reimbursement from the seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of the foregoing methods to seek reimbursement. Artistique World may suspend your selling privileges at any time pending payment of your outstanding balance.
9. Payment Processing Fees
- Overview: Artistique World charges a fee (the ‘Payment Processing Fee’) for processing each transaction through Artistique World Payments. The fee amount will be assessed on the gross order amount, including delivery and tax (if applicable). Payment Processing Fees will be reflected in your payment account and will be deducted from the total amount of the payment at the time the payment is considered complete. We reserve the right to modify the Payment Processing Fee at any time. Deposit fees are deducted from your Available Funds and reflected in your payment account at the time of your scheduled deposit. In the event of any partial or full refunds credited back to a buyer, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to the seller. Other applicable fees will be refunded to the seller’s payment account. Deposit fees will be refunded if the deposit is returned to a seller’s payment account.
- Listing Currency Conversion Considerations for Sellers: When a seller lists and subsequently sell an item in a currency other than the currency of the seller’s payment account, Artistique World will settle the associated transaction proceeds in the currency of the seller’s payment account.
- Goods And Services Tax or Value-Added Tax (GST or VAT): Depending on your business status and location, Artistique World may be required to charge VAT or GST on seller fees accrued each month and remit it to the relevant tax authority. VAT or GST is collected on Artistique World.
10. Termination
Sellers may terminate this contract and their acceptance of Artistique World Payments at any time by adjusting the settings in their account with Artistique World. Artistique World may also terminate or suspend a seller’s use of Artistique World Payments at any time.
Upon termination, any non-disputed Available Funds will be deposited into a seller’s bank account. Artistique World reserves the right, upon the termination of access to Artistique World Payments, to set off against any payments to be made to the seller, an amount determined by us to be adequate to cover any anticipated chargebacks, refunds, adjustments, or other amounts that might be paid to buyers in connection with purchases from the seller’s payment account for a prospective 180-day period. At the end of the 180-day period following termination, we will disburse to the seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to Buyers, or seek reimbursement from the seller via any of the means authorized in this Policy for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.
Privacy Policy
At Artistique World, we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by Artistique World. This policy explains our privacy practices for artistiquew.com (which we’ll refer to as the “Site”), Artistique World’s mobile applications (the “Apps”), Pattern by Artistique World, Artistique World Payments, Artistique World’s public Application Programme Interface (the “API”), and our other services provided by Artistique World, Inc. or Artistique World Ireland UC, depending on your location (“Artistique World,” together with “we”, “us”, and “our”). We’ll refer to the Site, the Apps, Pattern by Artistique World, Artistique World Payments, the API, and our other services as the “Services”. This policy was published on 15 November 2020. It will take effect on 16th December 2020.
1. Our Privacy Policy
We process your personal information to run our business and provide our users with the Services. By accepting our Terms of Use (and in some jurisdictions, by acknowledging this policy), you confirm that you have read and understood this policy, including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our members, websites hosted through Pattern by Artistique World, or third-party websites and apps.
Artistique World’s Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 16 years of age are permitted to use Artistique World’s Services only if they have permission and direct supervision by the owner of the account. Children under age 16 are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account. By using the Services, you acknowledge that Artistique World will use your information in India, United States, United Kingdom, and any other country where Artistique World operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information as more fully described in the “Transfers” section of this policy.
2. Information Collected or Received
In the course of providing our Services, we collect or receive your personal information in a few different ways. We obtain the categories of personal information listed below from the following sources: directly from you, for example, from forms you complete or during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide Artistique World services, you may interact with (such as, for example, for payments or customer support), and from our third-party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. Artistique World uses the personal information it receives and collects in accordance with the purposes described in this policy.
- Registration, Account Setup, Service Usage: In order to use the Services, you will need to submit a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information, such as a shop name, billing, and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. For example, we need a physical postal address if you are buying something on the Site for delivery. As an Artistique World seller, if you choose to use our payment service (” Cashfree & Stripe”), Artistique World requires your full name, social security number, identification ID or tax ID, date of birth, bank account information, photograph, credit card information, and/or other proof of identification in order to verify your identity, provide this service to you, and comply with applicable law. For example, in certain markets, Artistique World Sellers’ imprint (including trade name or individual name as applicable), may be displayed to buyers on Artistique World in order to comply with local legal requirements. For both buyers and sellers, Artistique World requires this information from you in order to provide you with the Services (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to complete a transaction as a buyer or seller). We may store credit card information and other information provided to us during checkout, for billing and payment purposes, and to process your transaction. Members in certain countries can elect to save their credit card information to facilitate checkout for future purchases. To authenticate a payment, you will need to respond to a prompt from your card issuer and provide additional information, such as a correct response to a question, a password, or a passcode. Artistique World may contact individual shop owners confidentially to request more information about their shops or items listed through the Services or may request information from buyers to ensure compliance with our policies and applicable law. In order to use certain products or services on Artistique World, you may be required to complete an application; information that you submit through the application process will not be displayed publicly and will only be used internally by Artistique World and its service providers unless otherwise specified.
- Profile: You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings. The name associated with your account (which you may modify in your account settings) is publicly displayed and connected to your Artistique World activity. Other members may see the date you joined; ratings, reviews, and information relating to items you review, and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies; your Favourites, followers, and those you follow; sold item listings and the number of items sold; comments you post in our community spaces; and information you decide to share via social networks. For Sellers, we may collect and use information about you in order to feature you in marketing and advocacy materials and to feature you and your shop on and off the platform, as provided for in Artistique World’s Terms of Use. From time to time, we may also ask you about certain demographic information, such as your race, ethnicity, sexual orientation, or gender identity, in relation to specific marketing and advocacy projects and campaigns. Providing this demographic information is entirely voluntary and at the time we ask we will also seek your consent to use it.
- Automated Information: Artistique World automatically receives and records information from your browser or your mobile device when you visit the Site, use the Apps, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. Artistique World may also receive similar information (like, for example, IP addresses and actions are taken on the device) provided by a connected Internet of Things devices such as a voice-activated assistant or Smart TV. We may combine this information from your browser or your mobile device with other information that we or our advertising or marketing partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.
- We also automatically collect device-specific information when you install, access, or use our Services. This information can include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. For more information about these online tools and how we use them, see our Cookies & Similar Technologies Policy.
- Data from Artistique World Vendors and Suppliers: We also receive information from our vendors and suppliers about you. This information can include customer service interactions, payments information, delivery information, and information shared in Artistique World’s forums.
- Data from Advertising and Marketing Partners: As described below, Artistique World receives information from our advertising and marketing partners about you. This information can include attribution information via cookies and UTM tags in URLs to determine where a visit to Artistique World comes from, responses to marketing emails and advertisements, responses to offers, and audience information from partners who you have given consent to share that information with us.
- Location Information: We collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This can include your IP address, browser information (including referrers), device information (such as iOS, IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the Apps, you can choose to share your geolocation details with Artistique World in order to use functions like our local marketplace, maps, and in-person sales (although you don’t need to share these details). You can choose to publish your location when you sell on Artistique World.
- We obtain the location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your devices, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We use and store information about your location to provide features and to improve and customize the Services, for example, for Artistique World’s internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for delivery and mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the Site to function. We will only share your geolocation details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to Artistique World.
- Analytics Information: We use data analytics software to ensure Site and App functionality and to improve the Services. This software records information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.
- Information from Third Parties: Some members or visitors may choose to connect to Artistique World or register an Artistique World account using an external third-party application, such as Facebook, or an app developed using Artistique World’s API. Connecting your Artistique World account to third-party applications or services is optional. If you choose to connect your account to a third-party application, it is subject to your agreements with that third party (like their Terms of Use and privacy notices), and Artistique World can receive information from that application. We may also collect public information in order to connect with you, such as when we communicate with you over social media. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on Artistique World on certain social media networks which are connected to your Artistique World account, and you can revoke your permission anytime in your account settings. Certain third-party applications that you use to create or sign in to your account may provide you with the option to discontinue receiving messages from us or allows you to forward those messages to another email address. If we are unable to send you critical messages about your account, we may suspend or terminate your account.
- Non-Member Information: Artistique World receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered Artistique World member (a “non-member”) in connection with certain Artistique World features, such as when a non-member chooses to subscribe to an Artistique World newsletter, a member invites a non-member to visit the Site, a member uploads non-member information using the contact uploader feature, a non-member engages in a transaction, a member sends a gift card code to a non-member, or a non-member uses Guest Checkout to make a purchase. Non-member information is used only for the purposes disclosed when it was submitted to Artistique World, for purposes necessary to the functioning of Artistique World’s Services or where Artistique World has a legitimate interest, as disclosed in the “Information Uses, Sharing, & Disclosure” section below, or to facilitate action authorized by a member or the non-member.
3. Messages from Artistique World
On occasion, Artistique World will need to contact you. Primarily, these messages are delivered by email, Artistique World Messages, or by push notifications for a variety of reasons, including marketing, transactions, advocacy, and service update purposes. If you no longer wish to receive push notifications, you can disable them at the device level. You can opt-out of receiving marketing communications via email or Messages in your account settings or by following the unsubscribe link in any marketing email you receive. To ensure you properly receive notifications, we will need to collect certain information about your devices, such as operating system and user identification information. Every account is required to keep a valid email address on file to receive messages. Artistique World may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, Artistique World may send you an SMS (or similar) message, or reach out to you by telephone, in order to provide you with customer support, for research or feedback, or to provide you with information about products and features that you may find of interest. You can update your contact preferences in your account settings.
Some messages from Artistique World are service-related and necessary for members and Guest Checkout users. You understand and agree that Artistique World can send you non-marketing emails, Artistique World Messages, or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying Messages with buyers, and correspondence with Artistique World’s Support team (including by chat interface or the other methods of communication as described above).
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Members can also control which marketing emails or messages they receive from Artistique World through their account settings. Please note that some changes to your account settings may take a few days to take effect.
4. Community
Artistique World is a marketplace and a community. We offer several features that allow members to connect and communicate in public or semi-public spaces, such as Forums and Teams, which are a part of the Artistique World Community space. You don’t have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. This may include, for example, information from your Artistique World account that is publicly available, your account’s status, your forum posts, and Team memberships, your Artistique World username and/or shop name, the display name you’ve optionally chosen to share publicly in your Artistique World account, avatar image, the date that you registered on Artistique World, as well as your language and regional settings on the Site. If you close your Artistique World account, your Community account, which allows you to post in Forums, will also be closed and related personal information will be deleted. However, your posts may remain public after your account is closed, although your name will no longer be displayed alongside the post. You are responsible for the personal information that you choose to post in community spaces through the Services. You can set your privacy preferences and download your data in your Community Settings, and close or delete your Community account by submitting a request to Artistique World.
Another member may follow your public activity on the Site to receive updates, such as when you add an item to your public Favourites. You may choose to make certain activities private through your account settings. You have the option to block any member with whom you do not wish to share your updates.
5. Information Uses, Sharing, & Disclosure
We respect your privacy. Artistique World will not disclose your name, email address, or other personal information to third parties without your consent, except as specified in this policy.
You can control your privacy settings through the opt-out buttons in your account settings privacy tab. Please note that some changes to your privacy settings may take a few days to take effect. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site.
Legal Bases
When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
- Necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you;
- You have consented to the processing, which you can revoke at any time;
- Necessary to comply with a legal or regulatory obligation, a court order, or to exercise or defend any impending or asserted legal claims;
- Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners (described in more detail below);
- You have expressly made the information public;
- Necessary in the public interest, such as to prevent crime; and
- Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).
We principally rely on consent (which can be withdrawn at any time) (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.
We rely on consent for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook, Google, and other partners. These partners have their own privacy policies and consent mechanisms for their customers, in addition to Artistique World’s controls. You may see the privacy policies and privacy choices for these partners, and the information you share with them, in our Cookies and Similar Technology Disclosures.
Artistique World may also use first-party data (e.g. your prior shopping and browsing patterns on our Site), and may combine it with other data collected from you, such as your location, or publicly available information, to permit us to create targeted audiences based on your known or inferred demographic and/or interests to provide you with more relevant and useful advertising on our site, in our direct marketing channels (like email), or with our off-site marketing partners, like Google and Facebook, subject to their terms and privacy notice you agreed to with such partners.
Our Legitimate Interests: Where we process your information on the basis of legitimate interests, we do so as follows:
- Providing and Improving our Services: We use your information to improve and customize our Services, including sharing your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Artistique World.
- Providing Marketing Communications: We rely on our legitimate interest to send you marketing messages (where permitted independent of the consent) and for Artistique World’s advertising programs (including Artistique World’s on-site advertising and marketing).
- Keeping our Services Safe and Secure: We use your information for safety and security purposes, which can include sharing your information for such purposes, and we do so because it is necessary to pursue our legitimate interests or those of a third party in ensuring the security of our Services, preventing harm to individuals or property, or crime, enforcing or defending legal rights, or preventing damage to Artistique World’s systems, or those of our users or our partners. This includes enhancing the protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kinds. We use your information to provide and improve the Services, for billing and payments, for identification and authentication, and for general research and aggregate reporting.
- Buying and Selling: As part of the buying and selling process, Artistique World will facilitate the sharing of information between the two members involved in the transaction, such as the other Artistique World member’s delivery address and payment status. This can also involve us sharing your information with some of our third-party partners such as our delivery and payment partners to enable us to provide the Service to you. Such partners will process your personal information in accordance with their own privacy policies. In some instances, while they are subject to Artistique World’s privacy and security requirements for vendors, these partners, not Artistique World, are responsible for the protection of personal information under their control. By making a sale or a purchase on Artistique World, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Use. We expect you to respect the privacy of the member whose information you have received. As described in Artistique World’s Terms of Use, you have a limited license to use that information only for Artistique World-related communications or for Artistique World-facilitated transactions. Artistique World has not granted a license to you to use the information for unauthorized transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements of the jurisdiction of the recipient. You should only add a member to your email or physical mailing list or otherwise use or store a member’s personal information in accordance with applicable laws, including any consent requirements that apply in that member’s jurisdiction.
- Site Customisation: We may learn about the types of products that you’re interested in from your browsing and purchasing behavior on (and off) the Site or Apps and use such information to suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Artistique World.
- Legal and Safety: Artistique World may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against impending or asserted legal claims, including to collect a debt or a material violation of our policies (including our Intellectual Property Policy); to comply with a subpoena, court order, legal process, regulation, or other legal requirements; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our rights or property, or violations of Artistique World’s Terms of Use. For example, if permitted due to the foregoing circumstances, your information may be shared with tax authorities or other governmental agencies. In the cases set out above, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims or facilitate the collection of taxes and prevention of tax fraud. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).
- If Artistique World receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, Artistique World may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, company/trading name and, where appropriate, bank account and transaction details. Find out more about how Artistique World responds to requests for records or information about members of Artistique World’s community in our Requests for Information Policy.
- Affiliated Businesses: Artistique World is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. Artistique World also provides services or sells products jointly with affiliated businesses, including providing you with the opportunity to sign up with such partners and allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Use. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising. As part of this, we may work with advertising partners such as Facebook or Google and we may use analytics aggregated from usage information including, for example, search keywords, favorites, browsing history, and purchase history.
- Aggregated Information: Artistique World may share demographic information with business partners, but it will be aggregated and de-personalized so that personal information is not revealed.
- Service Providers: Artistique World also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Artistique World not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.
- Business Reorganisation: In some cases, Artistique World may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of Artistique World’s assets), member information is typically one of the business assets that is transferred. If Artistique World intends to transfer information about you, Artistique World will notify you by email or by putting a prominent notice on the Site and the App, and you will be afforded an opportunity to opt-out before information about you becomes subject to a different privacy policy.
- Third Parties: Third-party plug-ins also collect information about your use of the Site. For example, when you load a page on Artistique World that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. Artistique World chooses and manages these third-party technologies placed on its Sites and Apps. However, these are third-party technologies, and they are subject to that third party’s privacy policy. For more information, see our Cookies & Similar Technologies Policy. We rely on your consent to drop and read these cookies when not technically necessary or when not required based on another purpose such as legitimate interest.
- This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that Artistique World does not own or control or individuals that Artistique World does not employ or manage, except as otherwise provided for in the Terms or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Artistique World requires these third parties to follow Artistique World’s privacy and security requirements, Artistique World does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Artistique World is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them.
6. Transfers
Artistique World operates a global service. We may share some of the information it gathers with Artistique World affiliates for purposes described in this privacy policy, including for ID verification, transaction reviews, and payment processing.
When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. To the extent that Artistique World is deemed to transfer personal information outside, we rely separately on, alternatively, and independently on the following legal bases to transfer your information:
Necessary for the performance of the Contract between Artistique World and its Members
Artistique World provides a voluntary service; you can choose whether or not to use the Services. As we operate in countries worldwide and use technical infrastructure located in India to deliver the Services to you, in accordance with the contract between us (Terms of Use), we need to transfer your personal information to India. and to other jurisdictions as necessary to provide the Services. Simply put, we can’t provide you with the Services and perform our contract with you without moving your personal information around the world.
7. Security
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received, for example, encryption is used for certain information (such as credit card numbers).
Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we can’t guarantee its absolute security.
Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. Artistique World offers advanced security features and settings for members, such as two-factor authentication for signing in, and sign-in history and notifications; you can view more information in your account settings.
If you have any questions about the security of your personal information, you can contact us at [email protected].
8. Retention
Artistique World will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Artistique World member account), or as needed to provide the Services to you. If you no longer want Artistique World to use your information to provide the Services to you, you may close your account. Artistique World will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Artistique World sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
Your rights & responsibilities:
- Not to adopt any unfair trade practice whether during an offer on e-commerce platforms or otherwise.
- Not to refuse to take back goods or withdraw or discontinue services purchased or agreed to be purchased or refuse to refund consideration if such goods or services are defective, deficient, or spurious or if such goods or services are delivered late from the stated delivery schedule.
- Ensure that advertisements for marketing are consistent with the actual characteristics of the goods or services.
- Provide the e-commerce entity with legal name, address of headquarter and branches, name and detail of the website, email address, customer care details, GSTIN(if registered), and PAN details.
- Duty of consumer to pay for the services or goods purchased or used. However, if a client decides not to pay for the services, here is what u can do.
- Duty of consumer to check weights, balances, prices, etc., and read the labels carefully.
- To update oneself about the various schemes of consumer protection.
- Duty not to fall into the trap of misleading information and advertisements.
- Not to buy goods from black markets.
- To be an ethical consumer and procure the bills, receipts, etc. for the goods and services purchased. If a consumer fails to take them then he/she might find it difficult to file a complaint and prove the defect in the good.
- Duty to gain knowledge about consumer rights and duties and to spread awareness about the same.
- Duty to file a complaint in case there is a defect in the goods or service so purchased.
If you sell using our Services or use Artistique World’s API, you may receive and determine what to do with certain personal information. Your privacy responsibilities, including when you act as an independent data controller (someone who decides what personal data to collect and the purpose you use the data for) are laid out in the Artistique World Seller Policy and the Artistique World API Terms of Use.
9. Privacy Policy Changes
We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates.
10. Contact
If you have any questions:
Contact Artistique World’s Support team [email protected].
Sanctions Policy
Artistique World provides a direct connection between buyers and sellers around the world. When you use Artistique World’s services (we’ll refer to Artistique World.com, our mobile apps, and other services as our “Services”), you are responsible for complying with this policy, regardless of your location.
This policy is a part of our Terms of Use. By using any of our Services, you agree to this policy and our Terms of Use.
This policy applies to anyone that uses our Services, regardless of their location. It is up to you to familiarise yourself with these restrictions.
In order to protect our community and marketplace, Artistique World takes steps to ensure compliance with sanctions programs. For example, Artistique World prohibits members from using their accounts while in certain geographic locations. If we have reason to believe you are operating your account from a sanctioned location or are otherwise in violation of any economic sanction or trade restriction, we may suspend or terminate your use of our Services. Members are generally not permitted to list, buy, or sell items that originate from sanctioned areas. This includes items that pre-date sanctions since we have no way to verify when they were actually removed from the restricted location. Artistique World reserves the right to request that sellers provide additional information, disclose an item’s country of origin in a listing, or take other steps to meet compliance obligations. We may disable listings or cancel transactions that present a risk of violating this policy.
In addition to applicable local laws, Artistique World members should be aware that other countries may have their own trade restrictions and that certain items may not be allowed for export or import under international laws. You should consult the laws of any jurisdiction when a transaction involves international parties.
Finally, Artistique World members should be aware that third-party payment processors, such as Stripe & Cashfree, may independently monitor transactions for sanctions compliance and may block transactions as part of their own compliance programs. Artistique World has no authority or control over the independent decision-making of these providers.
The economic sanctions and trade restrictions that apply to your use of the Services are subject to change, so members should check sanctions resources regularly. For legal advice, please consult a qualified professional.
Community Policy
1. Using the Artistique World Community
Artistique World community spaces are public areas where sellers can interact with one another. Sellers who use any of the community spaces must be over 18 years old. To make sure that the Artistique World community continues to be a place that’s safe, welcoming, and respectful, you agree to comply with the following policies in all community spaces:
- Respect other members’ privacy, and protect your own. Don’t share private or personally identifying information in public areas of the site. This includes, but is not limited to, transaction details, personal contact details, and the verbatim contents of private correspondence.
- Do not use community spaces to discuss interactions with Artistique World representatives, or to share verbatim extracts of such conversations ( i.e., emails, DMs or messages, live chats, etc.). Remember, most messages between you and Artistique World are considered private correspondence and we ask that you respect this confidentiality. Please refer to our Privacy Policy for more information.
- Be honest and transparent about who you are. Don’t use a fake identity.
- Be respectful towards other sellers and, when in doubt, lead with kindness, assume best intentions, and act on that basis. Don’t use community spaces to publicly disparage a specific seller, and Artistique World representative, shop, listing, or category of item.
- Don’t use community tools or spaces to interfere with another seller’s business.
- Don’t spam. This includes unsolicited or duplicate posts or links to your shop, fundraisers, surveys, social media, or other promotional content.
- Don’t use community spaces to coordinate pricing or discuss fee avoidance with other sellers.
- Don’t use community spaces to harass other sellers. Similarly, don’t post content in community spaces that may promote, support, or glorify hatred, misinformation, or that would be in violation of Artistique World’s policies including our Anti-Discrimination Policy.
- Don’t publish or post threats of violence against others or promote or encourage others to engage in violence or illegal activity.
- Don’t engage in illegal activity or activity that infringes someone’s intellectual property, or encourage others to engage in that type of activity.
- Don’t use community spaces to encourage others to violate Artistique World’s policies.
2. Forums
Forums is a public space where sellers can gather with other sellers to discuss their Artistique World businesses.
By using Artistique World’s Forums, you acknowledge and agree that:
- Your role is to help us create a safe space for sellers to learn from one another and grow their businesses.
- Your contributions help us build a public database of valuable knowledge and experiences that are available to everyone.
- The tone is challenging to interpret on a public forum and our community spaces are for Artistique World sellers at every level. When in doubt, lead with empathy and kindness.
- Your posts will stay on topic. Off-topic posts may be removed.
- Your posts in the Forums are permanent and can be viewed in various places including your User Profile (unless they are removed by Artistique World).
- Your posts should be helpful, constructive, and encouraging when voicing dissent or criticism. Don’t harass, target, insult, troll, or call out other members or Artistique World representatives.
- Moderators may take certain actions to keep the Forums welcoming, organized, and helpful for everyone. Such actions are not up for public discussion.
- You will respect others’ opinions and report content responsibly. Flagging posts are reserved for content that specifically violates Artistique World’s policies.
- Artistique World reserves the right to remove content from the Forums at any time for any reason, including, for example, violation of our policies, removal of dormant content, content that causes privacy issues, or due to changes to how the Forums operate.
- If you have concerns about actions taken in the forums, you can mail us at [email protected] to contact Artistique World Support.
3. Direct Messages
Members may send each other direct messages using the Community’s built-in messaging system. These messages are separate from Artistique World Messages and can be accessed and read when you are in community spaces.
By using direct messages in the Artistique World Community, you agree to all of the above policies. In addition, you may not send messages that are considered:
- Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy.
- Obscene or vulgar.
- Unsolicited advertising or promotions.
If you receive an inappropriate message mail us at [email protected] to report it.
4. Teams
Artistique World Teams is a community feature where you can connect with Artistique World sellers to help you grow your business. Artistique World Teams are self-organized by members and not run by, part of, or affiliated with Artistique World.
By using Artistique World’s Teams feature, you acknowledge and agree that:
- Except as set forth below, Artistique World is not responsible for or involved in a team’s membership policies, dues, finances, or any other actions.
- Teams that do not comply with Artistique World’s policies, including our Anti-Discrimination Policy, may be removed, and Artistique World reserves the right to remove a team for any reason.
- Artistique World will not mediate disputes between teams and outside parties, nor disputes between teams and team members.
- Artistique World will not monitor third-party forums or other independent team sites.
- Any use of the term “Artistique World,” Artistique World’s visual marks such as the stylized Artistique World name logo or “E” logo, other Artistique World Trademarks (all trademarks worldwide owned by Artistique World, Inc. and its affiliates), or marks confusingly similar to the Artistique World Marks must comply with and our Team branding guidelines. See below for more details.
- A team may not use mature, profane, or hateful language or images in the team’s name, banner, or logo.
- A team may not be used for the sole purpose of redirecting traffic to another web location. Artistique World reserves the right to remove links on any profile page or team page for any reason. Unsolicited promotion or advertisement from representatives or affiliates of outside services, websites or other products is not allowed.
- Teams are created by and run by Team Captains. A team must have a Captain in place in order to function successfully.
- Team Captains are responsible for moderating their Team’s content. In addition, Team Captains may appoint additional roles and responsibilities to their members.
- Teams that are inactive for 6 months or more, or who do not have a Team Captain in place to moderate the Team, are subject to removal from the platform and cancellation at Artistique World’s discretion. This includes the revocation of the right to use Artistique World’s name or the Artistique World Trademarks.
- Team forums and on-site publications (i.e., blogs and knowledge base articles) are subject to this Community Policy and may not be used to demonstrate or discuss disputes with other members or with Artistique World.
- A team may have a charter detailing membership requirements and expectations for the team. Team leadership is responsible for enforcing the team’s charter. A team’s charter must abide by all of Artistique World’s policies, including our Terms of Use and Intellectual Property Policy.
- If a team chooses to use a dedicated item listing tag (also called a “team tag”), it must contain the word “team”. Artistique World will not mediate disputes regarding the use of team tags on item listings.
5. Branding Guidelines for Teams and Captains of Teams
Teams must adhere to these branding guidelines when identifying as an Artistique World Seller Team.
You can use the word Artistique World in the name of your Team. (e.g. Artistique World Greek Team, Brighton Artistique World Team). However, you can’t use the term ‘Artistique World’ alone, or the Artistique World logo by itself in your Team name, or in any promotional materials that reference your Team in any manner.
Things to keep in mind when creating an Artistique World Team Logo:
- You cannot use the Artistique World logo to promote your Team without your Team name included at any time.
- list text hereYou can create a stand-alone Artistique World Team logo so long as your Team name is clearly presented on the logo image.
- If you use the word “Artistique World” in your Team logo, you must make sure it is not the most prominent or the largest word visually on the logo image.
- If you are promoting your Team or any Team related activities, you must include the terms “Organised by a Team of Artistique World sellers” visibly and prominently. It is also your responsibility to make it clear that you are not an agent or employee of Artistique World. -You are solely responsible for any costs relating to your use of all promotional materials, venues, or other items used to promote your Team.
Artistique World does not pre-approve Team branding and we reserve the right to take action on any usage brought to our attention that causes confusion, potential harm to the Artistique World brand, or is in direct violation of our brand.
Teams’ use of the Artistique World name and Artistique World Trademarks is subject to periodic Artistique World’s review at any time, and Artistique World may require changes in your use of the Artistique World Trademarks to comply with Artistique World policies, Artistique World’s marketing needs, or to ensure Artistique World’s Trademarks are not used in a way that suggests your Team is affiliated with, or part of Artistique World.
In addition, you may not use the Artistique World Trademarks or similar marks in a way that tarnishes or causes harm to Artistique World’s brand or reputation, or in relation to non-Artistique World services. At Artistique World’s sole discretion, including if you violate this policy or any of Artistique World’s Terms of Use, Artistique World reserves the right to revoke your right to use the Artistique World Trademarks.
Chargebacks for shoppers
What is a chargeback?
A chargeback is when funds are returned to a credit card owner after they report an incorrect or unwanted transaction on their card to the credit card company.
On Artistique World, the credit card company informs Artistique World of the chargeback and may also request more information, such as transaction information, proof of delivery, and proof of refund. Artistique World must respond to the credit card company with this requested information within a short timeframe.
Why would a chargeback be filed?
- Fraud – This is when the credit card owner reports that they did not make or authorize a transaction. This may happen when a credit card number is used without permission.
- Non-Delivery – This is when a buyer makes a purchase—and that purchase goes through—but the buyer never receives the item or items purchased.
- Not as Described – In this case, a purchase is made, but the buyer receives an item(s) that is different than what was listed on Artistique World, or different from what the buyer thought they were purchasing.
- Return – A credit card owner can request a chargeback if they’re not satisfied with the item(s) purchased and received. This could be for a variety of reasons, including damage.
- Dissatisfied – A chargeback can be filed if the buyer is not satisfied with their purchase.
How does a chargeback get filed against me as a seller?
A credit card owner, who may or— in some cases—may not be the buyer, contacts their credit card company and requests a refund for the transaction. The reasoning for the refund could be one or many of the types listed above.
How will I know there’s been a chargeback filed against me?
Artistique World receives reports of chargebacks from credit card companies and banks which issue credit cards and then investigates the dispute to see if it’s valid. If additional information is required from you to resolve the dispute, you will be contacted at the email address you used to open your Artistique World account.
If you are contacted, you’ll have five (5) days to respond. If you don’t respond in the given timeframe, it could result in a refund being issued on your behalf and the potential suspension of your shop. However, if Artistique World can resolve the dispute without contacting you, we may do so.
If a refund is necessary, how is it issued?
When a chargeback is filed against a shop, Artistique World always conducts a thorough investigation. In most cases, Artistique World will ask you, as the seller, to refund the order from your shop. However, Artistique World does reserve the right to refund the order on your behalf.
Seller best practices for chargebacks
Although chargebacks cannot always be completely avoided, here are some steps you can take as a seller to help prevent them:
- Provide a reasonable and accurate shipping date (also referred to as “processing time” or “ships-by-date”)
- When you ship an order, mark the order as shipped. You should only mark an order as shipped when you actually ship an order to a buyer.
- Provide valid proof of shipping with all orders. Valid proof can include a shipping or tracking number that shows the order route and delivery progress.
- Communicate with the buyer via Artistique World Messages about the status of their order, any questions they might have, and any additional details agreed upon in the transaction.
- Rather than encouraging a buyer to file a chargeback with their credit card company, you should use Artistique World’s Case system so that you and the buyer can work toward a solution. Artistique World is always happy to mediate and assist our community in situations like these.
- Actively participate in the case and respond to all questions posed by both Artistique World Admin and the buyer. Cases require the participation of both the buyer and the seller.
- Respond to Artistique World’s requests for information. Be sure to respond within the particular time frame given by Artistique World.
- Publish your policies for shipping, returns, exchanges, and custom orders on your shop’s Policies page. Also, please be sure that your shop policies are in compliance with Artistique World’s site-wide guidelines.
Valid proof of shipping
Always use a secure shipping method, like Artistique World Shipping, with tracking and/or delivery confirmation.
If you have attached tracking to order and it shows attempted delivery to the address on the receipt, we may not contact you at all, and respond to the dispute with the tracking information on your behalf.
If more information is still needed, you will be contacted and will have five (5) days to respond.
Valid proof of shipping can be, but is not limited to:
- An Artistique World Shipping proof
- A scanned copy of delivery forms or departure information
- A shipping service receipt or customs form that includes the date of shipment, as well as the name, full address, or zip code of the recipient
- A valid tracking number showing movement to the address listed at the time of the transaction or agreed upon in Artistique World Messages.
Anti-Discrimination & Hate Speech Policy
Artistique World connects thoughtful consumers around the world with creative entrepreneurs. It’s an ecosystem where people of all backgrounds inspire each other and build relationships through making, selling, and buying unique goods. We want everyone on Artistique World to feel safe, and our priority is fostering an inclusive environment. This policy explains the kind of behavior we prohibit on Artistique World to make sure we all have a positive experience.
This policy is a part of our Terms of Use. By using Artistique World, you’re agreeing to this policy and our Terms of Use.
Artistique World prohibits the use of our Services to discriminate against people based on the following personal attributes (collectively, “protected groups”):
- Race
- Colour
- Ethnicity
- National origin
- Religion
- Gender
- Gender identity
- Sexual orientation
- Disability
Any other characteristic protected under applicable law.
It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you. Additionally, Artistique World does not allow hate speech. Hate speech occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more protected group attributes.
Whether you’re engaging with public features on Artistique World, such as listing items, using community spaces, and writing reviews, or having direct communication with other members of the Artistique World community, such as via Messages, discrimination and hate speech are not allowed. As a seller on Artistique World, your shop content, including shop announcements and shop policies, cannot display discriminatory behavior toward protected groups. Examples of prohibited behavior include, but are not limited to:
- Refusal of service based on membership in one or more protected groups.
- Expressing intolerance or a lack of respect for another member on the basis of protected group attributes.
- Having a shop policy that excludes sales to members of one or more protected groups listed above.
- Directly or indirectly making derogatory or demeaning remarks against protected groups listed above Racial slurs.
- Posts that support or glorify hate groups and their members.
- If you think discrimination or hate speech has occurred on Artistique World, please report it by emailing at [email protected], and we will investigate. If you see a listing on Artistique World which you believe violates our Prohibited Items Policy, including prohibited hate items, we encourage you to email [email protected]. We have a timely review process for all reports.
If you think discrimination or hate speech has occurred on Artistique World, please report it by emailing [email protected] and we will investigate. If you see a listing on Artistique World which you believe violates our Prohibited Items Policy, including prohibited hate items email us at [email protected].
General Seller Policy
Artistique World is a marketplace where you can sell your handmade goods, vintage items, and craft supplies directly to buyers around the world. We want to make sure that you and your buyers have a positive experience at Artistique World. Please read on to find out more about your rights, as well as what is expected of you, as a seller/artist.
This policy was published on 15th December 2020. It will take effect on 16th October 2020. This policy is a part of our Terms of Use. By opening an Artistique World shop, you’re agreeing to this policy and our Terms of Use.
1. Selling Basics
Keeping in mind that these basic requirements will set you up for success on Artistique World.
- What Can be Sold on Artistique World?
Artistique World is a unique marketplace. Buyers come here to purchase items that they might not find anywhere else. Everything listed for sale on Artistique World must be handmade, handcrafted, or a craft supply.
Handmade items are items that are made and/or designed by you, the seller, or your craftsmen. Read our full Handmade Policy here.
If you sell handmade items, you agree that:
- All handmade items are made or designed by you or your craftsmen. If you work with a production partner, you must disclose that production partner in your relevant listings.
- You accurately describe every person involved in the making of an item in your shop in your About section.
- You are using your own photographs or video content —not stock photos, artistic renderings, or photos used by other sellers or sites. Read more about using appropriate photographs in this Help article.
If you are selling personalized or made-to-order items in the Handmade category, you agree that:
- All listings are available for purchase at a set price.
- If you are using photographs of previous work with options for customization (like color choices) included in the listing, it is clear in your description that the photos shown are just examples.
Craft Supplies are tools, ingredients, or materials whose primary purpose is for use in the creation of an item or special occasion. Craft supplies may be handmade, commercial. Party supplies may also be sold as craft supplies.
We encourage you to be transparent about how your craft supplies were made and where your materials come from. You can disclose whether your items have social or environmental attributes, such as organic or recycled. You can also select the location.
- What Cannot Be Sold on Artistique World?
Even if they otherwise meet our marketplace criteria, prohibited items and items that violate our intellectual property policies are not allowed to be sold on Artistique World.
Reselling is not allowed in the handmade category on Artistique World. Reselling refers to listing an item as handmade when you or your craftsmen were not involved in designing or making that item.
Keep in mind that members may report listings that appear to violate our policies for Artistique World’s review. Artistique World may remove any listings that violate our policies. Note that listing fees are non-refundable. Artistique World may also suspend or terminate your account for any violations. You’ll still be on the hook to pay any outstanding fees on your Artistique World statement. You can find more information on our Fees & Payments Policy.
If you are raising money on behalf of a charity, you must obtain that charity’s consent. Please see this Help article for more information about donating any portion of your sales to charity.
- Managing your Artistique World Shop
Your shop represents you and your business to the Artistique World community. It’s important that you, your items and your shop are honestly and accurately represented.
By selling on Artistique World, you agree that you will:
- Provide honest, accurate information in your About section.
- Honor your Shop Policies.
- Ensure your shop content, such as any text, photos, or videos used to represent yourself, your shop, or your listings, abide by Artistique World’s policies, including our Anti-Discrimination policy.
- Accurately represent your items in listings and listing photos.
- Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, report on [email protected].
- Not engage in fee avoidance.
- Not create duplicate shops or take any other action (such as manipulating clicks, baskets, or sales) for the purpose of shilling, manipulating search, or circumventing Artistique World’s policies.
- Not coordinate pricing with other sellers
- Seller Standards by listing a product for sale on Artistique World you understand and agree that you are responsible for complying with all applicable laws and regulations for the products you list for sale, including any required labels and warnings. Artistique World assumes no responsibility for the accuracy, labeling, or content of your listings.
Meeting Service Level Standards
As a seller, you must provide great customer service and maintain trust with your buyers. These requirements are called our Seller Service Level Standards. Artistique World may reach out to you if your shop fails to meet Artistique World’s Seller Service Level Standards.
By selling on Artistique World, you agree to:
- Honor your dispatch and processing times. Sellers are obligated to dispatch an item or otherwise complete a transaction with a buyer in a prompt manner unless there is an exceptional circumstance. Please be aware that legal requirements for dispatch times vary by country. Read more in our Delivery Policy.
- Respond to Messages in a timely manner.
- Honor the commitments you make in your shop policies.
- Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, our Dispute Resolution team can help through our case system. Read about your rights and responsibilities regarding cases here.
- If you are unable to complete an order, you must notify the buyer and cancel the order. Read about how to cancel an order in this Help article.
- Selling Fees: Sellers may be charged for using some of Artistique World’s services. There are fees associated with the listing, selling, advertising, and certain other Artistique World products and features. You can find information on fees in the Fees and Payments Policy.
2. Being a Member of the Artistique World Community
At Artistique World, everyone is expected to treat fellow members of the Artistique World community with respect. As a seller, you have additional responsibilities to safeguard personal information and communicate promptly with buyers in order to provide a great customer experience.
1.Creating and Uploading Content
As a member of Artistique World, you have the opportunity to create and upload a variety of content, like listings, Messages, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is:
- Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy;
- Obscene or vulgar;
- In violation of someone else’s privacy or intellectual property rights; or
- False, deceptive, or misleading.
2.Privacy and Protecting Personal Information
You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Artistique World user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to Artistique World users with whom you interact. Your privacy policy must be compatible with this policy and Artistique World’s Terms of Use.
In particular, when you sell using our Services (subject to this Policy) or use Artistique World’s API (also subject to the Artistique World API Terms of Use), you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and delivery address) and, to the extent you do so, under law, you are an independent controller of data relating to other users that you may have obtained through the Services. For more information on the General Data Protection Regulation, see more resources. As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Artistique World-related communications or for Artistique World-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable Artistique World policies and laws, you may not add any Artistique World member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you’re responsible for knowing the standard of consent required in any given instance. If Artistique World and you are found to be joint data controllers of personal information, and if Artistique World is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Artistique World for the expenses it occurs in connection with your processing of buyer personal information.
For more information, please see our Privacy Policy.
3.Communication Standards
- Messages
With Artistique World Messages, you have the ability to communicate directly with your buyers or other Artistique World members. Messages are a great way for buyers to ask you questions about an item or an order.
Messages may not be used for the following activities:
- Sending unsolicited advertising or promotions, requests for donations or spam;
- Harassing or abusing another member or violating our Anti-Discrimination Policy;
- Contacting someone after they have explicitly asked you not to; or
- Interfering with a transaction or the business of another member.
Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Artistique World. Examples of interference include:
- Contacting another member via Artistique World Messages to warn them away from a particular member, shop, or item;
- Posting in public areas to demonstrate or discuss a dispute with another member;
- Purchasing from a seller for the sole purpose of leaving a negative review;
- Maliciously clicking on a competitor’s Promoted Listings ads in order to drain that member’s advertising budget, also known as ‘click fraud’.
- Creating or using an independent buyer account to maliciously up-vote another shop’s negative reviews in order to position those reviews more prominently.
Harassment of any use of Artistique World Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a message that violates this policy, please let us know right away.
- Forums and Teams
The high-level overview that Forums and Teams are public spaces provided by Artistique World where sellers can connect, but there are communication standards that must be followed. More information can be found in the Artistique World Community Policy.
- Communicating Cancellations
If you are unable to complete a transaction, you must notify the buyer via Artistique World Messages and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises. All cancellations are subject to our Cancellation Policy.
Please be aware that in addition to this policy, each country has its own laws surrounding delivery, cancellations, returns, and exchanges. Please familiarise yourself with the laws of your own country and those of your buyers’ countries.
3. Feedback, Disputes, and Your Success
- Reviews
Reviews are a great way for you to build a reputation on Artistique World. Buyers can leave a review, including a one to five-star rating and a photograph of their purchase, within 100 days after their item’s estimated delivery date. If an estimated delivery date is not available, the preview window opens after the order’s processing time and delivery time have elapsed. Buyers can edit their review, including the photograph, any number of times during that 100 day period.
On a rare occasion, you receive an unfavorable review, you can reach out to the buyer or, if the review is less than 3 stars, leave a response.
Reviews and your response to reviews may not:
- Contain private information
- Contain obscene, racist, or harassing language or imagery;
- Violate our Anti-Discrimination Policy;
- Contain prohibited medical drug claims;
- Contain advertising or spam;
- Be about things outside the seller’s control, such as a delivery carrier, Artistique World, or a third party;
- Contain threats or extortion;
- Falsely inflate a shop’s review score; or
Undermine the integrity of the Reviews system.
- Artistique World’s Case System
The Case system is how order disputes are resolved at Artistique World. We ask buyers to contact sellers directly and attempt to resolve any outstanding issues before opening a case on Artistique World. For this reason, it is important that you fill out your shop policies and regularly respond to Messages from your buyers. However, sometimes a case may be necessary, and Artistique World will work with you and the buyer to resolve it as quickly as possible.
Buyers may file a case for a non-delivery or a not-as-described item. You must respond to any open cases within three days or the time frame noted by Artistique World in the case. Artistique World may request your assistance in resolving a case opened against your shop. Artistique World reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service, case manipulation, and undermining the integrity of the case system.
By using Artistique World’s case system, you understand that Artistique World may use your personal information for the purpose of resolving disputes with other members. For more information on cases and when an order might qualify for a case, please see this Help article. If Artistique World determines that an item is not as described, you will be required to refund the order, including original shipping and return shipping charges.
- Your Seller Account and Artistique World’s Terms
In order to keep Artistique World safe and improve our Services, we may take actions that limit the visibility of your shop, listings, or ads, or that impact your payment account. In the event, a shop sees unusual order activity, or we otherwise believe that your actions or shop may result in buyer disputes, chargebacks, increased risk of fraud, counterfeiting, or other claims, Artistique World may take actions such as limiting the visibility of your account or placing restrictions or reserves on your payments account, in accordance with our Terms of Service, including this Policy and our Artistique World Payments Policy. When appropriate and permitted by law, Artistique World will communicate information to the affected seller about the issue.
In addition, we may limit the visibility of listings or ads in the interest of keeping Artistique World safe and improving our Services. For example, listings or ads may have decreased visibility because they include terms that represent a prohibited item or based on third-party policies. These listings or ads may also be restricted from appearing in one or more features of the Artistique World Services. While these listings or ads may have limited visibility, they are still discoverable in search.
If Artistique World has reason to believe you, Your Content, or your use of the Services violates our Terms, including this Seller Policy, we may deactivate Your Content or suspend or terminate your account (and any accounts Artistique World determines is related to your account) and your access to the Services. Generally, Artistique World will notify you that Your Content or account has been suspended or terminated unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
- Seller Protection
Artistique World also provides limited protection to sellers who meet the requirements of our Seller Protection Programme. Read more about Artistique World’s Seller Protection Programme.
Delivery Policy
Delivering Your Items
Sellers are responsible for dispatching their sold items to buyers. By Default, Artistique World sales use Artistique World shipping services. The vendor can claim to have the order ready for pickup and the shipping service will pick it up from the address location mentioned on your store profile and deliver it to the customer. If you’re using your own delivery or fulfillment service, please keep in mind that you are ultimately responsible for making sure that your buyers receive their orders.
By selling on Artistique World, you agree to:
- Provide an accurate “dispatches from” address and a “dispatches to” address.
- Specify your shipping costs and processing times in your listings.
- Dispatch items promptly after they are sold. Prompt delivery means that you dispatch each item within 30 days of purchase unless you specify otherwise in your processing time or agree to a different delivery period with the buyer through messages. Before you update your processing time for a specific order, you must first obtain your buyer’s consent.
- Comply with all local and international delivery and customs regulations.
- Dispatch to the address listed on the Artistique World receipt.
- Mark the order as dispatched when you dispatch it by Artistique World shipping service or your own services. Remember that you may only mark an order as dispatched after you actually have dispatched it. When you mark an order as dispatched, the buyer will receive a notification.
- Charge an appropriate amount for shipping. By entering tracking information or delivery confirmation on Artistique World, you’re giving us permission to collect and share this data received from your chosen delivery carrier with the buyer.
In the unlikely event, an order does not arrive, be prepared to provide valid proof of dispatch. Valid proof of dispatch must show that the item actually was dispatched and that it was sent to the address provided on Artistique World. If a buyer does not receive their order, they may file a case against your shop. Please see this Help article to learn more about Artistique World’s case system.
But don’t fret, Artistique World offers protection to sellers who meet our Seller Protection Programme requirements. Read more about Seller Protection here.
Artistique World Shipping(with SmartShip)
By using Artistique World shipping services, you agree that:
- All shipping orders will only be used to ship corresponding Artistique World orders.
- It may not be transferred or sold to a third party.
- You are fully responsible for the contents of any parcels you dispatch using Artistique World shipping services. In addition to Artistique World’s policies, you agree to comply with the terms and conditions and any other policies or rules imposed by the carrier you use to dispatch your items.
- Artistique World is not responsible for any issues you may encounter while items you ship using Artistique World shipping are in transit. That means that if an item is lost, damaged, or arrives later than expected, you will have no recourse against Artistique World. Please review the carrier’s terms and conditions for more information on how they handle parcels that are lost, damaged, or delayed.
- Artistique World reserves the right to remove your access to Artistique World shipping services at any time and for any reason.
1.Terms & Conditions:
- Shared Commercials are Exclusive GST.
- Pricing subject to change based on courier company update or changes in any commercials.
- Freight Weight is Picked – Volumetric or Deadweight whichever is higher will be charged.
- RTO Charges are the same as forwarding for couriers where RTO pricing is not shared.
- Fixed COD charge or COD % of the order value whichever is higher.
- Prohibited item not to be shipped, if any penalty will be charged to the seller.
- Reverse Close Pickup 3pl will not liable in case of wrong/damaged/defective/missing/empty product received from Customer
- No Claim would be entertained for Glassware, Fragile products liquid
- Any weight dispute due to incorrect weight declaration cannot be claimed.
- The chargeable weight would be volumetric or actual weight, whichever is higher
2.SCOPE OF SERVICES
Momoe shall provide a solution (“Service”) in a manner set out as below:-
- Merchant shall provide the list of orders (“Order List”) to Momoe.
- Momoe shall facilitate/provide the Service to the Merchant by providing the Merchant an automated shipping panel services technology integrated with Momoe’s vendors (offered through an offline mode).
- The Merchant agrees that the shipments shall be picked up by Momoe’s Vendor from the Merchants’ locations as communicated by Merchant.
- The tracking number would be assigned by Momoe based on the pickup, delivery pin code, and type of shipment.
- Merchants shall mandatorily provide and display prominently on a package of the shipping label full details which shall include the name of the Merchant, his contact number, address, the Order Number, consignee details, product details, return address i.e. the shipping address, and the Gross Value and Collectable Value (Net value) to be collected in case of COD (Cash on Delivery) shipments.
- Merchant agrees that all claims must be notified to Momoe in writing within twenty-four (24) hours from the date of acceptance of the shipment, failing which Merchant forfeits and waives its right for/to such claim.
- Merchant agrees that in case of shipments booked under COD (Cash on Delivery), Momo’s/Momoe’s vendor shall collect Cash, as per the instructions of Momoe from the Consignee of the shipments as per the details mentioned on the COD Order and remit/reimburse the amount to Momoe which then forth would be reimbursed to the Merchant.
- Merchant agrees that the Merchant on its behalf shall keep Momoe indemnified against all duties, taxes, octroi, cess, clearance charges, and any other charge/levy by whatever name called, levied on shipments. In event of such charges being levied by any government authority, the same can be claimed from the Merchant against the challan of the same. Merchant shall keep Momoe indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory of the like) on account of any act/omissions on the Merchants part, this shall also include GSTIN Non-compliance on Merchants part.
- The Merchant will be solely responsible for complying with all statutory requirements (State and Central Laws/Statutes) applicable including but not limited to requirements in relation to booking, sale, and transportation of the shipments carried and delivered on merchant’s behalf in pursuance of this agreement.
- Merchant undertakes to fully indemnify, hold harmless and defend Momoe (including its employees, directors, and vendors) and hold it entirely harmless in the event of any breach of this Agreement or law by the Merchant and /or by its customers.
- Merchant agrees that any registration information is given to Momoe and the details of the shipment will always be true, accurate, correct, complete, and up to date. Merchant agrees that any phone number used to register with the Service will be registered in the Merchant’s name and Merchant might be asked to provide supporting documents to prove the same. Further, the Merchant agrees to ensure that the Phone Number being provided by the Merchant shall be an active number.
- Merchant agrees not to use the Services provided by Momoe for any unauthorized and unlawful purpose and will not impersonate another person. In the event of non-compliance or breach of this clause, Merchant shall be liable for the losses and damages that occurred due to such non-compliance and shall keep Momoe indemnified against such losses and damages.
- Merchant shall allow Momoe and its registered service partners to send delivery-related messages and calls to its customers which shall be in compliance with the required laws.
- Merchant agrees to use the Services only for purposes that are permitted by (a) the Terms of this agreement and (b) any applicable law, regulation, and generally accepted practices or guidelines in the relevant jurisdictions (including the laws related to Data Protection and Privacy).
- Merchant agrees to indemnify Momoe and hold it harmless and shall be solely responsible for (and that Momoe has no responsibility to Merchant or to any third party for) any breach of Merchants obligations under the Terms of this agreement or any law for the time being in force, and for the consequences (including any loss or damage which Momoe may suffer) from any such breach.
- Merchant shall indemnify Momoe for any claims, losses, or damages, or for the costs of any regulatory or court proceedings suffered by Momoe as a result of Merchant’s breach of the terms of this agreement and/or breach of any applicable law.
- It is expressly agreed between the parties that Momoe is merely providing a facilitating service between the Merchant and various Third-Party Logistics Service Providers, under no situation whatsoever is Momoe responsible for the Merchants Acts or Omissions.
3.OBLIGATION OF THE MERCHANT
- Merchant agrees that he shall be responsible for safe, proper, tamper proof and damage proof packing to ensure that it shall withstand the normal transportation and environmental hazards and shall be in compliance with applicable laws of the products that are handed over to the Courier service provider/Momoe’s Vendor.
- Merchant shall be responsible for packaging as well as for providing the correct weight of the shipment before the same is picked up by the third-party logistics service provider. In the event of any discrepancy found in the weight provided by the Merchant at the time of booking/submission/uploading data or under any other circumstance if the weight provided by the Merchant is found to be inaccurate, the weight provided by the third-party logistics service provider or Momoe as the case may be shall be accepted as the correct weight.
- Merchant shall be ready with the packed order when the courier service provider/personnel comes to receive the shipment, all pick-ups should be logged before the cut-off time as directed by the customer support team of Momoe, and no pick up beyond the cut-off time will be done. Merchant agrees that they shall contact the Momoe personnel for the pickup arrangements.
- Once the shipment is handed over to the third-party logistics service provider the Merchant shall hand over the shipment manifest and the same shall be signed by the third-party logistics service provider and returned to the Merchant. The receipt of the signed manifest is the proof of handing over the shipment.
- Merchant agrees to properly paste and insert a valid invoice, in and on the package.
- Merchant agrees to ensure that he shall provide all relevant information including name, registered number, address for the purpose of being mentioned on the shipping label to be affixed on the shipment/package.
- Merchant agrees that when a shipment comes back as Return To Origin (RTO) due to failure of COD or failed delivery or any other reason whatsoever, it is the Merchant’s responsibility to change the status of the order to RTO received and intimate Momoe with the Reverse Airway bill number. Merchant agrees to make payment as applicable.
- Merchant shall agree that he shall not book / handover or allows to be handed over any good which is banned, restricted, illegal, prohibited, stolen, infringing of any third party rights, hazardous or dangerous or in breach of any tax laws or contains any cash, jewelry of (excluding artificial jewelry) gold, silver, diamond, platinum, precious metals, precious stones, currency, bullion, letters and financial and security instruments, and Momoe shall not be liable for the delivery of any such products. Without prejudice to the generality of the aforesaid, an indicative list of the banned or prohibited products is given in “Banned Products”. In the event Merchant hands over or provides the aforesaid products to Momoe then Momoe shall not be responsible and shall not be liable for any loss, damage, theft, or misappropriation of such Products or seizure of the same by any judicial/regulatory authority, even if such loss, damage, theft or misappropriation is caused due to any reason attributable to any of its a vendor or authorized delivery personnel.
4.TERMS OF PAYMENT:
- Momoe shall issue an invoice to the Merchant on a Weekly basis in accordance with the commercial list specified under Annexure 2 of this agreement, for the services being rendered in the immediately preceding month, the payment shall be made after deducting the service fee from the COD/Prepaid remittance on weekly basis
- Momoe may add new services for additional fees and charges or may proactively amend fees and charges for existing services, at any time in its sole discretion, after communicating the same to the Merchant. If the Merchant avails any such services, the merchant authorizes Momoe to charge fees as applicable to the said services and authorizes Momoe to make such modification to the fee structure as required and Merchant also agrees to abide by such modified fee structure.
- Merchant is solely responsible for payment of all taxes, legal compliances, and statutory registrations applicable on Merchant’s part. Momoe is in no way responsible for any of the Merchants’ taxes or legal or statutory compliances, except for its own due diligence.
- Merchant agrees that in case of fees is not received in accordance with clause 4.1 or within the specified due dates, Momoe shall impose late charges of 1% per month from the due date of payment, and any such charges may be levied at Momoe’s sole discretion after a 15 (fifteen) day curable notice has been sent to the Merchant & merchant fails to comply with the same.
- Momoe reserves the right to modify the fee structure as mentioned in Annexure 2 by providing a 7 (seven days) prior written notice to the Merchant. Upon the Merchant not communicating any response to Momoe to such notice, Momoe shall apply the modified fee structure effective from the expiry of the said notice period.
- Both parties shall comply with tax, GST, and other regulations applicable to them from time to time.
- Parties shall be responsible for complying with all applicable laws, regulations governing the parties from time to time and their scope of work envisaged in this Agreement. If due to any change in applicable law or regulations or the interpretation thereof by any court or other governing body having jurisdiction subsequent to the date of this Agreement, the performance of any provision under the Principal Agreement is affected, the Parties shall use their best efforts to find an alternative means to achieve the same or substantially the same results as are contemplated by such provision.
- In the event of any dispute between the Parties with respect to the Invoiced Delivery Services, the dispute should be raised within one week of the receipt of the invoice. Thereafter, the Parties shall promptly seek to resolve the dispute in good faith. Payment of the undisputed amount shall not be affected and should be made as per the general terms of this Agreement.
- If for any reason the Merchant defaults in making the payments against undisputed invoices issued by Momoe, then notwithstanding anything contained in this agreement or other rights and remedies that Momoe may have in contract, at law (including common law) or in equity, the Merchant shall pay liquidated damages to Momoe on the invoiced amounts that are not paid by the Merchant on the due date of such payment(s) from the due date till payment, and shall attract Liquidated Damages at 1% per month after serving a 7 (Seven) days curable notice.
- If the Merchant is unable to resolve the dispute against disputed invoices within 15 (fifteen) days from the due date of such invoice/service/claim, Momoe reserves the right to withhold the shipment or COD remittances till the time such payment is made/or such dispute is resolved.
- Where the Merchant subscribes to any packages offered by the Company, he shall have to pay an additional subscription fee as applicable.
5.LIMITATION OF LIABILITY
- Momoe shall not be responsible or liable in any manner to the Merchant for any losses, damage, injuries, or expenses incurred by the Merchant as a result of any action taken by Momoe, where the Merchant has consented for the same.
- Momoe does not verify any content or information provided by the Merchant and to the fullest extent permitted by law disclaims all liability arising out of the Merchant’s use or reliance upon the Services or the use of the Merchants product by the end customer.
- In no event, including but not limited to gross negligence, willful misconduct, shall Momoe, or any of its directors, officers, employees, agents be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials, and functions related to this agreement.
- In no event shall the total aggregate liability of Momoe to the Merchant for all/any damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions agreed between the Parties or a Merchants use of the Services exceed, in cases where no FOV(Freight on Value) is accepted then liability shall be NIL, or where FOV is accepted then as per actual cost or an aggregate of INR5,000/shipment, whichever is lower out of them both.
- Subject to clause 5.4 and Annexure 2, Freight for LOST & Damage shipments, in both scenarios freight will be charged depending upon the transition of the shipment i.e. if the shipment is damaged/lost during transit/delivery to end customer then a forward Services charge shall be deducted however if the same is lost /damaged when the shipment has been marked as RTO, then both forward as well as RTO charge shall be applicable.
- Momoe shall not be liable for any act or omission of any other company or companies furnishing a part of the Services, or from any act or omission of a third party and those vendors participating in the Services, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service.
- Momoe shall not be liable in any manner whatsoever for any third-party claims including but not limited to consumer grievances, complaints, intellectual property rights violations, etc. in regard with the
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- Quality/Quantity of the product.
- Defect/Damage in the product.
- Deficiency in service/Unfair Trade practices by the Merchant.
- Intellectual property right infringement.
- Any illegal/unlawful acts/omissions by the customer of the Merchant
- Under no circumstances will either party or any director, officer, employee, agent, or any of its business partner be liable to the merchant for indirect, incidental, consequential, special, or exemplary losses or damages arising from the agreement, under tort, common law or under public policy.
- The Merchant shall ensure that in any such situation as mentioned above, the Merchant shall indemnify, defend and hold harmless Momoe, its affiliates, employees, directors, and vendors. Further, the Merchant shall indemnify Momoe / Third Party Logistics Service Provider in any event where the end consumer/customer of the Merchants Product would do any inappropriate/unlawful activities including but not limited to forcefully snatching the shipment or Cash from the courier, etc.
- Under no circumstances will Momoe or any director, officer, employee, agent, or any of its business partner be liable to the merchant for any loss or damages arising out of third-party grievances or claims relating to the product, or any intellectual rights infringement by the merchant or any other loss or damages, which have taken place due to the act or omission of the merchant.
- The parties agree that the foregoing represents a fair allocation of risks between the parties and essential elements for parties to enter into this agreement.
6.INSURANCE
It is expressly understood and agreed by both parties that Momoe will not offer and not be required to insure any item contracted by Merchant for carriage by any vendor of Momoe.
7.INDEMNITY
Merchant agrees to indemnify, defend and hold harmless Momoe, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Service, violation of this Agreement, or infringement by any other party of his/her/its account, of any intellectual property or other rights of any person or entity including any claim or proceeding brought by the Customer or any other person against Momoe in respect of the Products/Services or any act, deed, omission or non-performance of the Merchant; any non-compliance with the Applicable Laws by the Merchant; any third party claims arising from wilful misrepresentation, gross negligence or wilful misconduct of the Merchant. Merchant further agrees to provide Momoe with reasonable assistance, at its expense, in defending any such claim, loss, liability, damage, or cost.
8.TERMINATION
Either Party may terminate this Agreement on the occurrence of any of the following events;
- Immediately, if the Party is declared insolvent or bankrupt or is unable to pay its debts or makes a composition with its creditors;
- Immediately, if the Party is dissolved or wound up compulsorily or if an order is made or an effective resolution is passed for the winding up of such Party;
- Immediately, if the Merchant violates any applicable law and misuses the services as defined under Clause
- In case of any material breach of this Agreement apart from violation of applicable law and misuse of services, the agreement can be terminated after giving one month prior written notice to the other Party to rectify such breach as a cure period and in case the Party in breach is unable to rectify such breach within the cure period, then other parties can terminate the agreement by giving one month notice after expiry cure period.
- In the event of termination of this Agreement, the Merchant shall promptly and forthwith make payments of all the Fees accrued or due to Momoe.
- Momoe can terminate this Agreement by giving one month’s notice in writing without assigning any reason.
- Clauses 4,5,6,7,9,10,11,12,13,14,15,16,19,20,21 shall survive expiry or early termination of this Agreement.
- Either party may terminate this Agreement by giving 30 days prior written notice to the other Party.
9.CONFIDENTIALITY
Each party shall, during the term of this Agreement and at any time thereafter, be under an obligation to keep confidential any and all Confidential Information. Each party hereby acknowledges that it shall not, without the prior written consent of the other party, in any way disclose or transfer any Confidential Information to any third party (other than any of its respective Authorized Party subject to this Agreement), or use, transfer or otherwise
dispose of any Confidential Information for any purpose other than for the performance of its obligations under this Agreement.
Any contravention of the present clause shall be taken to be a material breach of the contract rendering the Agreement to be terminated forthwith by Momoe.
10.ASSIGNMENT
Subject to Clause 10.2, this Agreement (including, without limitation, any and all rights, interest, benefits, and obligation in relation thereto) shall apply to and bind any and all successors and assigns of the parties hereto.
Neither party shall assign, transfer, license, or subcontract any of its rights, interests, benefits, and/or obligations under this Agreement to any third party without the prior written consent of the other party, which shall not be unreasonably withheld.
11.NO VARIATION
No variation, waiver, or amendment of any term of this Agreement shall be valid unless such variation, waiver, or amendment is made in writing and signed by or on behalf of both parties hereto.
12.ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and revokes and supersedes all previous agreements. No amendments hereto shall be valid unless made in writing and signed by or on behalf of the parties hereto.
13.PUBLICITY
Momoe shall be entitled to make public disclosure without obtaining the prior written consent of the merchant regarding the execution of this Agreement and from time to time regarding the ongoing business relationship between Momoe and the Merchant.
14.CORPORATE AUTHORITY/FURTHER ASSURANCES
Each Party represents that it has taken all necessary corporate actions to authorize the execution and consumption of this Agreement and will furnish the other Party with satisfactory evidence of the same upon request. Each Party agrees to negotiate in good faith the execution of such other documents or agreements as may be necessary or desirable for the implementation of this Agreement and the effective execution of the transactions contemplated hereby and shall continue to do so during the Term of this Agreement.
15.MISUSE OF THE SERVICES
Momoe may restrict, suspend or terminate the account of any Merchant who abuses or misuses the Services. Misuse includes creating multiple or false profiles, infringing any intellectual property rights, violating any of the terms and conditions of this Agreement, or any other behavior that Momoe, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Momoe has adopted a policy of terminating accounts of Merchants who, in Momoe’s sole discretion, are deemed to be repeat infringers of any the Terms of this agreement and of any other applicable law.
16.COMPLIANCE OF LAWS INCLUDING ANTI – BRIBERY LAWS
- Merchant hereto agrees that it shall comply with all applicable local laws, ordinances, and codes including compliance with anti-bribery laws/regulations in performing its obligations hereunder. If at any time during the Term of this Agreement, Merchant is informed or information comes to its attention that it is or may be in violation of any law, ordinance, regulation, or code (or if it is so decreed or adjudged by any court, tribunal or other authority having competent jurisdiction), Merchant shall immediately take all appropriate steps to remedy such violation and comply with such law, regulation, ordinance or code in all respects. Further, Merchant shall establish and maintain all proper records (particularly, but without limitation, accounting records) required by any law, code of practice, or corporate policy applicable to it from time to time.
- Parties represent, warrant, and covenant that as on the date of this Agreement, the Parties are in full compliance of all applicable laws and regulations relating to anti-corruption and anti-bribery (“Anti Corruption Laws”) and have not violated the same and agree and undertake that they shall not violate the Anti-corruption Laws, whether directly or indirectly.
- Data privacy- Parties are required to comply with all the applicable data privacy and data protection laws including but not limited to Information Technology Act, 2000 and rules framed under it, if applicable.
17.FORCE MAJEURE
Except for financial obligation, In the event either party (the Prevented Party) is prevented from performing its obligations under this Agreement by force majeure, such as earthquake, typhoon, flood, public commotion, torrential rains, heavy winds, storms or other acts of nature, fire, terrorist acts, threatened terrorists acts, explosion, acts of civil or military authority including the inability to obtain any required approvals or permits, strikes, riots, war, plagues, other epidemics, or other unforeseen events beyond the Prevented Party’s reasonable control (Force Majeure Event), the Prevented Party shall notify the other party without delay and within fifteen (15) days thereafter shall provide detailed information concerning such event and documents evidencing such event, explaining the reasons for its inability to execute, or for its delay in the execution of, all or part of its obligations under this Agreement.
If Force Majeure events occur, neither party shall be responsible for any damage, increased costs, or loss which the other party may sustain by reason of such a failure or delay of performance, and such failure or delay shall not be deemed a breach of this Agreement. The Prevented Party shall take reasonable means to minimize or remove the effects of an event of Force Majeure and, within the shortest reasonable time, attempt to resume performance of the obligations delayed or prevented by the event of Force Majeure.
18.GOVERNING LAW AND JURISDICTION
This Agreement, the construction, and enforcement of its terms, and the interpretation of the rights and duties of the Parties hereto shall be governed by the laws of India and shall be subject to the jurisdiction of courts in Gurugram. This Agreement is executed in the English language which shall prevail over any translation thereof.
19.DISPUTE RESOLUTION
All disputes arising out of or in relation to this Agreement, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Parties within 15 days of being brought to their attention (such 15 day period is referred to as the “Consultation Period”), shall be settled by arbitration governed by the provisions of Arbitration and Conciliation Act, 1996 and the rules made thereunder and/or any amendments thereof. Each dispute submitted by a party shall be referred to the Independent Sole Arbitrator to be mutually appointed by the parties. In case parties failed to appoint Sole Arbitrator within 15 days after raising dispute then in such case, Sole Arbitrator shall be appointed through the intervention of the court. The venue/seat of Arbitration shall be New Delhi and the language of the arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.
20.SUCCESSORS
This Agreement binds the successors and assigns of the respective parties with respect to all covenants herein, and cannot be changed except by a written agreement signed by both Parties.
21.SEVERABILITY AND WAIVER
If any provision of these terms of use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. A failure or delay of any Party to this Agreement to enforce at any time any of the provisions of this Agreement or to exercise any option which is herein provided, or to require at any time performance of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions of this Agreement.
22.NO PARTNERSHIP OR AGENCY
It is expressly understood by the parties to the agreement that Momoe is not performing any activity or job of providing service on behalf of the Merchant which tantamount to Seller or Retailer and or Stockiest/Distributor. Nothing in this Agreement (or any of the arrangements contemplated herein) shall be deemed to constitute a partnership between the parties hereto, nor, except as may be expressly provided herein, constitute any party as the agent of another party for any purpose, or entitle any party to commit or bind another party in any manner.
23.COUNTERPARTS
The Parties may execute this Agreement in counterparts and each fully executed counterpart shall be deemed an original.
24.BANNED PRODUCTS
List of banned or prohibited Products Dangerous Goods
- Oil-based paint and thinners (flammable liquids)
- Industrial solvents
- Insecticides, garden chemicals (fertilizers, poisons)
- Lithium batteries
- Magnetized materials
- Machinery (chain saws, outboard engines containing fuel or that have contained fuel)
- Fuel for camp stoves, lanterns, torches, or heating elements
- Automobile batteries & their spare, electric products with a battery source
- Infectious substances
- Any compound, liquid, or gas that has toxic characteristics
- Bleach
- Flammable adhesives
- Arms and ammunition
- Dry ice (Carbon Dioxide, Solid)
Restricted Items
- Precious stones, gems, and jewelry
- Uncrossed (bearer) drafts/cheque, currency, and coins
- Poison
- Firearms, explosives, and military equipment.
- Hazardous and radioactive material
- Foodstuff and liquor
- Any pornographic material
- Hazardous chemical items
- Pets and Animals
- Narcotics Supplies restricted under Narcotics Law
- Radioactive material
- Commodities banned by law at any given time without prior notice
25.API
Third parties using Artistique World’s API are subject to our API Terms of Use.
Anti-Discrimination & Hate Speech Policy
This policy is a part of our Terms of Use. By using Artistique World, you’re agreeing to this policy and our Terms of Use.
Artistique World prohibits the use of our Services to discriminate against people based on the following personal attributes (collectively, “protected groups”):
- Race
- Colour
- Ethnicity
- National origin
- Religion
- Gender
- Gender identity
- Sexual orientation
- Disability
- Any other characteristic protected under applicable law
It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you. Additionally, Artistique World does not allow hate speech. Hate speech occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more protected group attributes.
Whether you’re engaging with public features on Artistique World, such as listing items, using community spaces, and writing reviews, or having direct communication with other members of the Artistique World community, such as via Messages, discrimination and hate speech are not allowed. As a seller on Artistique World, your shop content, including shop announcements and shop policies, cannot display discriminatory behavior toward protected groups. Examples of prohibited behavior include, but are not limited to:
- Refusal of service based on membership in one or more protected group
- Expressing intolerance or a lack of respect for another member on the basis of protected group attributes
- Having a shop policy that excludes sales to members of one or more protected groups listed above
- Directly or indirectly making derogatory or demeaning remarks against protected groups listed above
- Racial slurs
- Posts that support or glorify hate groups and their members
If you think discrimination or hate speech has occurred on Artistique World, please report it by emailing [email protected] and we will investigate. If you see a listing on Artistique World which you believe violates our Prohibited Items Policy, including prohibited hate items email us at [email protected].
Requests for Information policy
This policy does not constitute legal advice or a promise that Artistique World will respond in a specific way or at all. Artistique World reserves the right to deviate from these practices at any time. This policy is a part of our Terms of Use. By using Artistique World or requesting information on Artistique World or our members, you’re agreeing to this policy and our Terms of Use.
1. Artistique World Member Records and Information
Before you contact Artistique World for records or information, first see if the information you are seeking is publicly available or request the records directly from the relevant Artistique World member.
Some information about Artistique World buyers and sellers (which we collectively refer to in this policy as “Artistique World Members”) and Artistique World Shops (which we refer to as “Shops”), such as a Shop’s name, the public name of its owner, and the Shop’s policies, is public and can be viewed by anyone at any time. In addition, Artistique World members may have access to certain records by logging in to their accounts. For example, Artistique World sellers can access and download sales records in .csv format, and all members can view their Messages history by navigating to the relevant pages in their Artistique World accounts.
For more information about the records, Artistique World collects, please see our Privacy Policy.
2. Artistique World Requires Valid Legal Process
Except in emergency situations or when consistent with our Terms of Use, Privacy Policy, and applicable law, Artistique World requires a valid and sufficient legal process to compel us to disclose records or information about an Artistique World member.
The legal process must contain enough identifying information so that Artistique World can identify the member’s account. A common name, for example, does not uniquely identify a member’s account. Your legal process should include information such as an email address, transaction ID, username, shop name, or payment information.
3. Emergency Circumstances
If your request for information involves an emergency regarding the danger of death or serious physical injury to a member of the Artistique World community or any member of the public, please contact your local law enforcement. If you are a law enforcement officer seeking information relating to such an emergency, please email [email protected] from your official email address and provide the following:
- Your name and title, the government agency you work for, and your full contact information (government email address, phone number, and fax number);
- A summary of the facts about the emergency situation, including how the situation poses a danger of death or serious physical injury to an Artistique World member or any person;
- The identity of the person or people who are in danger;
- The specific records sought and how they relate to the emergency; and
- Why legal process can’t be obtained and the records must be disclosed without delay.
4. Notice to the Member Whose Records Are Sought
When Artistique World receives a legal process seeking records or information about an Artistique World member, Artistique World may provide notice to that member, including a copy of the legal process. Artistique World may also allow the member enough time to appear and object to the legal process in court, if necessary.
5. Requests for Witness Testimony
Artistique World does not provide expert witnesses for trial or deposition. When Artistique World produces records, we provide a standard records custodian declaration of authenticity. Live testimony by a records custodian is unnecessary because the records are self-authenticating.
6. Cost Reimbursement
Artistique World may seek reimbursement for our costs directly incurred in searching for, assembling, collecting, and preparing records or information for production.
Supplier Code of Conduct
Suppliers, their employees, agents, and subcontractors (collectively referred to as “Suppliers”) may enter into agreements with Artistique World to conduct business with us or on our behalf. All Suppliers are required to comply with this Supplier Code of Conduct, or at least all applicable laws and regulations. In rare circumstances, such agreements can still move forward if Artistique World identifies sufficient compensating controls in place to reasonably ensure legal compliance. Artistique World expects Suppliers to have strong corporate governance in place to support their compliance with this Code of Conduct. Artistique World may audit a Supplier upon reasonable notice to help confirm compliance with this Code of Conduct. Artistique World reserves the right to discontinue a Supplier relationship in the event they are found to be acting unlawfully or in violation of this Code of Conduct or any applicable Artistique World policy.
Legal and Regulatory Compliance
Anti-Corruption: Never give or offer anything of value to gain an improper advantage, whether it be in dealings with government officials or the private sector. Suppliers are required to comply with all applicable laws and regulations.
Antitrust: Do not participate in any anti-competitive conduct such as discussing or exchanging competitively sensitive information or agreeing to geographic markets, customers, or pricing with competitors. Suppliers are required to comply with all applicable antitrust and fair competition laws.
Trade: Comply with applicable import and export laws, act in accordance with trade restrictions.
Business Practices and Ethics
Conflicts of Interest: Avoid conflicts of interest or even the appearance of conflicts of interest. Suppliers must not deal directly with any Artistique World employee whose spouse, domestic partner, or other relative has an interest in the Supplier as an employee, partner, owner, investor, or similar roles, including negotiating the Supplier contract.
Gifts and Hospitality: Avoid giving gifts or providing lavish hospitality to Artistique World employees. If offering a gift or hospitality to an Artistique World employee, Suppliers should use good judgment and ensure it complies with applicable laws, and is consistent with local customs.
Insider Trading: Do not buy or sell Artistique World stock when in possession of material nonpublic information, or pass such information to any others, including friends or family.
Records Management: Accurately record, maintain and report financial and business information. Ensure compliance with all applicable laws and regulations regarding such information.
External Communications: Do not speak publicly on Artistique World’s behalf unless authorized to do so by Artistique World Legal.
Risk Management: Implement internal policies, procedures, and controls to identify, address, and remediate risks addressed in this Code of Conduct as well as applicable legal requirements.
Training and Communication: Communicate this Code of Conduct to all employees or contractors who will be conducting business with Artistique World and conduct training for employees, when necessary.
Labour Practices
Anti-harassment and Unlawful Discrimination: Provide equal opportunity employment and maintain a respectful work environment that is free of discrimination, violence harassment, and intimidation.
Human Rights: Respect human rights, provide fair working conditions, and prohibit forced, compulsory, or child labor.
Compensation: Provide compensation (including overtime and benefits) that at a minimum, complies with local laws. Suppliers must pay their employees in a timely manner and provide documentation detailing the basis of their pay.
Parental Leave: Abide by all applicable laws pertaining to parental leave, and offer paid benefits that are gender-inclusive when possible.
Freedom of Association: Abide by all applicable laws pertaining to freedom of association and collective bargaining. Do not retaliate against employees who choose to organize.
Environmental Protection
Compliance with Environmental Laws and Regulations: Abide by all applicable laws for hazardous materials, air emissions, waste, and wastewater discharges.
Ecological Footprint: Conduct business in an environmentally responsible and sustainable manner, including resource-efficient consumption of energy, water, and other natural resources, minimizing waste and diversion from landfills, and reducing harmful chemical use.
Protection of Data, Intellectual Property, and Assets
Data Protection: Protect confidential and proprietary information of Artistique World, Artistique World employees, members, and others with whom we do business. Information should not be disclosed without proper authorization and should only be used for a legitimate business purpose. All information uses must comply with all applicable laws, regulations, and governing contracts.
Protect Artistique World’s Intellectual Property and Assets: Protect and use Artistique World’s intellectual property and tangible assets responsibly. Artistique World’s intellectual property (including name, logo, trademarks, etc.) and tangible assets should be used for legitimate business purposes and only when authorized to do so by Artistique World.
Reporting Concerns
If a Supplier is in violation of this Code of Conduct they are required to notify Artistique World immediately.
- Email: [email protected]
Privacy Policy
At Artistique World, we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by Artistique World. This policy explains our privacy practices for artistiquew.com (which we’ll refer to as the “Site”), Artistique World’s mobile applications (the “Apps”), Pattern by Artistique World, Artistique World Payments, Artistique World’s public Application Programme Interface (the “API”), and our other services provided by Artistique World, Inc. or Artistique World Ireland UC, depending on your location (“Artistique World,” together with “we”, “us”, and “our”). We’ll refer to the Site, the Apps, Pattern by Artistique World, Artistique World Payments, the API, and our other services as the “Services”. This policy was published on 15 November 2020. It will take effect on 16th December 2020.
1. Our Privacy Policy
We process your personal information to run our business and provide our users with the Services. By accepting our Terms of Use (and in some jurisdictions, by acknowledging this policy), you confirm that you have read and understood this policy, including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our members, websites hosted through Pattern by Artistique World, or third-party websites and apps.
Artistique World’s Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 16 years of age are permitted to use Artistique World’s Services only if they have permission and direct supervision by the owner of the account. Children under age 16 are not permitted to use the Services. You are responsible for any and all account activity conducted by a minor on your account. By using the Services, you acknowledge that Artistique World will use your information in India, United States, United Kingdom, and any other country where Artistique World operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information as more fully described in the “Transfers” section of this policy.
2. Information Collected or Received
In the course of providing our Services, we collect or receive your personal information in a few different ways. We obtain the categories of personal information listed below from the following sources: directly from you, for example, from forms you complete or during registration; indirectly from you based on your activity and interaction with our Services, or from the device or browser you use to access the Services; from our vendors and suppliers that help provide Artistique World services, you may interact with (such as, for example, for payments or customer support), and from our third-party advertising and marketing partners. Often, you choose what information to provide, but sometimes we require certain information to provide you the Services. Artistique World uses the personal information it receives and collects in accordance with the purposes described in this policy.
Registration, Account Setup, Service Usage: In order to use the Services, you will need to submit a valid email address. If you register, you will need to submit a name associated with your account. You may modify that name through your account settings. You need to provide this information to enable us to provide you with the Services. Additional information, such as a shop name, billing, and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. For example, we need a physical postal address if you are buying something on the Site for delivery. As an Artistique World seller, if you choose to use our payment service (” Cashfree & Stripe”), Artistique World requires your full name, social security number, identification ID or tax ID, date of birth, bank account information, photograph, credit card information, and/or other proof of identification in order to verify your identity, provide this service to you, and comply with applicable law. For example, in certain markets, Artistique World Sellers’ imprint (including trade name or individual name as applicable), may be displayed to buyers on Artistique World in order to comply with local legal requirements. For both buyers and sellers, Artistique World requires this information from you in order to provide you with the Services (including, to verify ownership of an account, to mitigate fraud and abuse, to comply with regulatory obligations, or to complete a transaction as a buyer or seller). We may store credit card information and other information provided to us during checkout, for billing and payment purposes, and to process your transaction. Members in certain countries can elect to save their credit card information to facilitate checkout for future purchases. To authenticate a payment, you will need to respond to a prompt from your card issuer and provide additional information, such as a correct response to a question, a password, or a passcode. Artistique World may contact individual shop owners confidentially to request more information about their shops or items listed through the Services or may request information from buyers to ensure compliance with our policies and applicable law. In order to use certain products or services on Artistique World, you may be required to complete an application; information that you submit through the application process will not be displayed publicly and will only be used internally by Artistique World and its service providers unless otherwise specified.
Profile: You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings. The name associated with your account (which you may modify in your account settings) is publicly displayed and connected to your Artistique World activity. Other members may see the date you joined; ratings, reviews, and information relating to items you review, and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies; your Favourites, followers, and those you follow; sold item listings and the number of items sold; comments you post in our community spaces; and information you decide to share via social networks. For Sellers, we may collect and use information about you in order to feature you in marketing and advocacy materials and to feature you and your shop on and off the platform, as provided for in Artistique World’s Terms of Use. From time to time, we may also ask you about certain demographic information, such as your race, ethnicity, sexual orientation, or gender identity, in relation to specific marketing and advocacy projects and campaigns. Providing this demographic information is entirely voluntary and at the time we ask we will also seek your consent to use it.
Automated Information: Artistique World automatically receives and records information from your browser or your mobile device when you visit the Site, use the Apps, or use certain features of the Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. Artistique World may also receive similar information (like, for example, IP addresses and actions are taken on the device) provided by a connected Internet of Things devices such as a voice-activated assistant or Smart TV. We may combine this information from your browser or your mobile device with other information that we or our advertising or marketing partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.
We also automatically collect device-specific information when you install, access, or use our Services. This information can include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. For more information about these online tools and how we use them, see our Cookies & Similar Technologies Policy.
Data from Artistique World Vendors and Suppliers: We also receive information from our vendors and suppliers about you. This information can include customer service interactions, payments information, delivery information, and information shared in Artistique World’s forums.
Data from Advertising and Marketing Partners: As described below, Artistique World receives information from our advertising and marketing partners about you. This information can include attribution information via cookies and UTM tags in URLs to determine where a visit to Artistique World comes from, responses to marketing emails and advertisements, responses to offers, and audience information from partners who you have given consent to share that information with us.
Location Information: We collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This can include your IP address, browser information (including referrers), device information (such as iOS, IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the Apps, you can choose to share your geolocation details with Artistique World in order to use functions like our local marketplace, maps, and in-person sales (although you don’t need to share these details). You can choose to publish your location when you sell on Artistique World.
We obtain the location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your devices, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We use and store information about your location to provide features and to improve and customize the Services, for example, for Artistique World’s internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for delivery and mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the Site to function. We will only share your geolocation details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services. You may also choose to enable the Apps to access your mobile device’s camera to upload photographs to Artistique World.
Analytics Information: We use data analytics software to ensure Site and App functionality and to improve the Services. This software records information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.
Information from Third Parties: Some members or visitors may choose to connect to Artistique World or register an Artistique World account using an external third-party application, such as Facebook, or an app developed using Artistique World’s API. Connecting your Artistique World account to third-party applications or services is optional. If you choose to connect your account to a third-party application, it is subject to your agreements with that third party (like their Terms of Use and privacy notices), and Artistique World can receive information from that application. We may also collect public information in order to connect with you, such as when we communicate with you over social media. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on Artistique World on certain social media networks which are connected to your Artistique World account, and you can revoke your permission anytime in your account settings. Certain third-party applications that you use to create or sign in to your account may provide you with the option to discontinue receiving messages from us or allows you to forward those messages to another email address. If we are unable to send you critical messages about your account, we may suspend or terminate your account.
Non-Member Information: Artistique World receives or obtains information (for example, an email address or IP address) about a person who is not yet a registered Artistique World member (a “non-member”) in connection with certain Artistique World features, such as when a non-member chooses to subscribe to an Artistique World newsletter, a member invites a non-member to visit the Site, a member uploads non-member information using the contact uploader feature, a non-member engages in a transaction, a member sends a gift card code to a non-member, or a non-member uses Guest Checkout to make a purchase. Non-member information is used only for the purposes disclosed when it was submitted to Artistique World, for purposes necessary to the functioning of Artistique World’s Services or where Artistique World has a legitimate interest, as disclosed in the “Information Uses, Sharing, & Disclosure” section below, or to facilitate action authorized by a member or the non-member.
3. Messages from Artistique World
On occasion, Artistique World will need to contact you. Primarily, these messages are delivered by email, Artistique World Messages, or by push notifications for a variety of reasons, including marketing, transactions, advocacy, and service update purposes. If you no longer wish to receive push notifications, you can disable them at the device level. You can opt-out of receiving marketing communications via email or Messages in your account settings or by following the unsubscribe link in any marketing email you receive. To ensure you properly receive notifications, we will need to collect certain information about your devices, such as operating system and user identification information. Every account is required to keep a valid email address on file to receive messages. Artistique World may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent where required by applicable law, Artistique World may send you an SMS (or similar) message, or reach out to you by telephone, in order to provide you with customer support, for research or feedback, or to provide you with information about products and features that you may find of interest. You can update your contact preferences in your account settings.
Some messages from Artistique World are service-related and necessary for members and Guest Checkout users. You understand and agree that Artistique World can send you non-marketing emails, Artistique World Messages, or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying Messages with buyers, and correspondence with Artistique World’s Support team (including by chat interface or the other methods of communication as described above).
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Members can also control which marketing emails or messages they receive from Artistique World through their account settings. Please note that some changes to your account settings may take a few days to take effect.
4. Community
Artistique World is a marketplace and a community. We offer several features that allow members to connect and communicate in public or semi-public spaces, such as Forums and Teams, which are a part of the Artistique World Community space. You don’t have to use these features, but if you do, please use common sense and good judgment when posting in these community spaces or sharing your personal information with others through the Services. Be aware that any personal information that you choose to submit there can be read, collected, or used by others, or could be used to send unsolicited messages to you. We engage certain third parties to assist in providing community services to you and, in the context of that relationship, we need to share some of your information with such third parties in order to provide that service. This may include, for example, information from your Artistique World account that is publicly available, your account’s status, your forum posts, and Team memberships, your Artistique World username and/or shop name, the display name you’ve optionally chosen to share publicly in your Artistique World account, avatar image, the date that you registered on Artistique World, as well as your language and regional settings on the Site. If you close your Artistique World account, your Community account, which allows you to post in Forums, will also be closed and related personal information will be deleted. However, your posts may remain public after your account is closed, although your name will no longer be displayed alongside the post. You are responsible for the personal information that you choose to post in community spaces through the Services. You can set your privacy preferences and download your data in your Community Settings, and close or delete your Community account by submitting a request to Artistique World.
Another member may follow your public activity on the Site to receive updates, such as when you add an item to your public Favourites. You may choose to make certain activities private through your account settings. You have the option to block any member with whom you do not wish to share your updates.
5. Information Uses, Sharing, & Disclosure
We respect your privacy. Artistique World will not disclose your name, email address, or other personal information to third parties without your consent, except as specified in this policy.
You can control your privacy settings through the opt-out buttons in your account settings privacy tab. Please note that some changes to your privacy settings may take a few days to take effect. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site.
Legal Bases
When you access or use the Services, we collect, use, share, and otherwise process your personal information for the purposes described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
- Necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you;
- You have consented to the processing, which you can revoke at any time;
- Necessary to comply with a legal or regulatory obligation, a court order, or to exercise or defend any impending or asserted legal claims;
- Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners (described in more detail below);
- You have expressly made the information public;
- Necessary in the public interest, such as to prevent crime; and
- Occasionally necessary to protect your vital interests or those of others (in rare cases where we may need to share information to prevent loss of life or personal injury).
We principally rely on consent (which can be withdrawn at any time) (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.
We rely on consent for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match. We or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook, Google, and other partners. These partners have their own privacy policies and consent mechanisms for their customers, in addition to Artistique World’s controls. You may see the privacy policies and privacy choices for these partners, and the information you share with them, in our Cookies and Similar Technology Disclosures.
Artistique World may also use first-party data (e.g. your prior shopping and browsing patterns on our Site), and may combine it with other data collected from you, such as your location, or publicly available information, to permit us to create targeted audiences based on your known or inferred demographic and/or interests to provide you with more relevant and useful advertising on our site, in our direct marketing channels (like email), or with our off-site marketing partners, like Google and Facebook, subject to their terms and privacy notice you agreed to with such partners.
Our Legitimate Interests
Where we process your information on the basis of legitimate interests, we do so as follows:
Providing and Improving our Services: We use your information to improve and customize our Services, including sharing your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Artistique World.
Providing Marketing Communications: We rely on our legitimate interest to send you marketing messages (where permitted independent of the consent) and for Artistique World’s advertising programs (including Artistique World’s on-site advertising and marketing).
Keeping our Services Safe and Secure: We use your information for safety and security purposes, which can include sharing your information for such purposes, and we do so because it is necessary to pursue our legitimate interests or those of a third party in ensuring the security of our Services, preventing harm to individuals or property, or crime, enforcing or defending legal rights, or preventing damage to Artistique World’s systems, or those of our users or our partners. This includes enhancing the protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kinds. We use your information to provide and improve the Services, for billing and payments, for identification and authentication, and for general research and aggregate reporting.
Buying and Selling: As part of the buying and selling process, Artistique World will facilitate the sharing of information between the two members involved in the transaction, such as the other Artistique World member’s delivery address and payment status. This can also involve us sharing your information with some of our third-party partners such as our delivery and payment partners to enable us to provide the Service to you. Such partners will process your personal information in accordance with their own privacy policies. In some instances, while they are subject to Artistique World’s privacy and security requirements for vendors, these partners, not Artistique World, are responsible for the protection of personal information under their control. By making a sale or a purchase on Artistique World, you are directing us to share your information in this way. Since this is an important part of the Services we provide, we need to do this in order to perform our obligations under our Terms of Use. We expect you to respect the privacy of the member whose information you have received. As described in Artistique World’s Terms of Use, you have a limited license to use that information only for Artistique World-related communications or for Artistique World-facilitated transactions. Artistique World has not granted a license to you to use the information for unauthorized transactions or sending unsolicited commercial messages in violation of any applicable laws, including any consent requirements of the jurisdiction of the recipient. You should only add a member to your email or physical mailing list or otherwise use or store a member’s personal information in accordance with applicable laws, including any consent requirements that apply in that member’s jurisdiction.
Site Customisation: We may learn about the types of products that you’re interested in from your browsing and purchasing behavior on (and off) the Site or Apps and use such information to suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases, including using this information to help sellers find the best ways to market and sell their products on Artistique World.
Legal and Safety: Artistique World may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against impending or asserted legal claims, including to collect a debt or a material violation of our policies (including our Intellectual Property Policy); to comply with a subpoena, court order, legal process, regulation, or other legal requirements; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our rights or property, or violations of Artistique World’s Terms of Use. For example, if permitted due to the foregoing circumstances, your information may be shared with tax authorities or other governmental agencies. In the cases set out above, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims or facilitate the collection of taxes and prevention of tax fraud. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury).
If Artistique World receives a lawful, verified request for a member’s records or information in one of the limited circumstances described in the previous paragraph, Artistique World may disclose personal information, which may include, but may not be limited to, a member’s name, address, phone number, email address, company/trading name and, where appropriate, bank account and transaction details. Find out more about how Artistique World responds to requests for records or information about members of Artistique World’s community in our Requests for Information Policy.
Affiliated Businesses: Artistique World is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. Artistique World also provides services or sells products jointly with affiliated businesses, including providing you with the opportunity to sign up with such partners and allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Use. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising. As part of this, we may work with advertising partners such as Facebook or Google and we may use analytics aggregated from usage information including, for example, search keywords, favorites, browsing history, and purchase history.
Aggregated Information: Artistique World may share demographic information with business partners, but it will be aggregated and de-personalized so that personal information is not revealed.
Service Providers: Artistique World also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Artistique World not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.
Business Reorganisation: In some cases, Artistique World may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of Artistique World’s assets), member information is typically one of the business assets that is transferred. If Artistique World intends to transfer information about you, Artistique World will notify you by email or by putting a prominent notice on the Site and the App, and you will be afforded an opportunity to opt-out before information about you becomes subject to a different privacy policy.
Third Parties: Third-party plug-ins also collect information about your use of the Site. For example, when you load a page on Artistique World that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognize your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. Artistique World chooses and manages these third-party technologies placed on its Sites and Apps. However, these are third-party technologies, and they are subject to that third party’s privacy policy. For more information, see our Cookies & Similar Technologies Policy. We rely on your consent to drop and read these cookies when not technically necessary or when not required based on another purpose such as legitimate interest.
This policy does not apply to the practices of third parties (such as other members who sell using the Services, certain third-party providers on whom we rely to provide certain services, or API users) that Artistique World does not own or control or individuals that Artistique World does not employ or manage, except as otherwise provided for in the Terms or as required by law. If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Artistique World requires these third parties to follow Artistique World’s privacy and security requirements, Artistique World does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Artistique World is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them.
6. Transfers
Artistique World operates a global service. We may share some of the information it gathers with Artistique World affiliates for purposes described in this privacy policy, including for ID verification, transaction reviews, and payment processing.
When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. To the extent that Artistique World is deemed to transfer personal information outside, we rely separately on, alternatively, and independently on the following legal bases to transfer your information:
Necessary for the performance of the Contract between Artistique World and its Members
Artistique World provides a voluntary service; you can choose whether or not to use the Services. As we operate in countries worldwide and use technical infrastructure located in India to deliver the Services to you, in accordance with the contract between us (Terms of Use), we need to transfer your personal information to India. and to other jurisdictions as necessary to provide the Services. Simply put, we can’t provide you with the Services and perform our contract with you without moving your personal information around the world.
7. Security
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received, for example, encryption is used for certain information (such as credit card numbers).
Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we can’t guarantee its absolute security.
Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. Artistique World offers advanced security features and settings for members, such as two-factor authentication for signing in, and sign-in history and notifications; you can view more information in your account settings.
If you have any questions about the security of your personal information, you can contact us at [email protected].
8. Retention
Artistique World will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Artistique World member account), or as needed to provide the Services to you. If you no longer want Artistique World to use your information to provide the Services to you, you may close your account. Artistique World will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. In addition, Artistique World sellers may also be required to retain and use your information in order to comply with their own legal obligations. Please note that closing your account may not free up your email address, username, or shop name (if any) for reuse on a new account. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
Your rights & responsibilities:
- Not to adopt any unfair trade practice whether during an offer on e-commerce platforms or otherwise.
- Not to refuse to take back goods or withdraw or discontinue services purchased or agreed to be purchased or refuse to refund consideration if such goods or services are defective, deficient, or spurious or if such goods or services are delivered late from the stated delivery schedule.
- Ensure that advertisements for marketing are consistent with the actual characteristics of the goods or services.
- Provide the e-commerce entity with legal name, address of headquarter and branches, name and detail of the website, email address, customer care details, GSTIN(if registered), and PAN details.
- Duty of consumer to pay for the services or goods purchased or used. However, if a client decides not to pay for the services, here is what u can do.
- Duty of consumer to check weights, balances, prices, etc., and read the labels carefully.
- To update oneself about the various schemes of consumer protection.
- Duty not to fall into the trap of misleading information and advertisements.
- Not to buy goods from black markets.
- To be an ethical consumer and procure the bills, receipts, etc. for the goods and services purchased. If a consumer fails to take them then he/she might find it difficult to file a complaint and prove the defect in the good.
- Duty to gain knowledge about consumer rights and duties and to spread awareness about the same.
- Duty to file a complaint in case there is a defect in the goods or service so purchased.
If you sell using our Services or use Artistique World’s API, you may receive and determine what to do with certain personal information. Your privacy responsibilities, including when you act as an independent data controller (someone who decides what personal data to collect and the purpose you use the data for) are laid out in the Artistique World Seller Policy and the Artistique World API Terms of Use.
9. Privacy Policy Changes
We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates.
10. Contact
If you have any questions:
Contact Artistique World’s Support team [email protected].
Payment Gateway
These policies are subject to change without notice. Any policy change affecting transactions or financials will be communicated to all registered vendors atleast 30 days in advance