Terms & Conditions
The Terms & Conditions for artists who shall display & sell their paintings, sculptures and artefacts (herein referred to as "Artworks") through the website fegofact.com are laid down below.
By registering and placing your Artworks for sale on fegofact.com you agree to accept the terms and conditions as follows.
Registration & Membership: Fegofact provides a platform to artists to take their works of art directly to the intended buyers. The registration and membership are free. While pre-registration is required by the Artist, Fegofact reserves every right to accept or reject any Artwork without assigning any reason. The artwork submitted by the Artist will go through a selection process by the selection committee before putting it up on the website for sale. At the same time Fegofact does not guarantee or assure or take any responsibility for the sale of any Artwork hosted on this website.
Warranty: The Artist should warrant that all the information provided at the time of registration is true and correct and any change in the same will be intimated to Fegofact immediately for updating. Fegofact reserves the right to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem fit for granting registration. Such registration may be suspended or cancelled if Fegofact vets and finds that any of the above information is inaccurate. However, such registration will be restored immediately if the Artist furnishes information to the satisfaction of Fegofact.
Termination of Registration: Fegofact reserves the right to bring an end to the registration of an Artist from this portal on grounds of irregularities in the dealings by the Artist, non-compliance with the standards of service of Fegofact and any alteration in the quality or standard of the Artwork. Fegofact also reserves the right to terminate and deny registration and membership to any artist without assigning any reason.
Declarations: The Artist has to abide by all provisions prescribed in these terms and conditions. In particular, the Artist has to declare that all information submitted by him is true and correct and the Artist agrees to furnish all details and information accurately regarding himself and on his Artwork submitted on Fegofact. The artist also has to declare that all the artworks submitted at this portal are original work of the artist.
Passing of Authority: The Artist should authorize Fegofact to exercise complete discretion in the illustration and descriptions of his Artwork for viewing and sale and to accept or reject orders received.
Accuracy of Details: The Artist should ensure the accuracy of the details of his Artwork viz. its dimension, the medium & surface, the quality of the image and its similarity to the original piece of work. Fegofact will refund the money accepted on behalf of the Artist to the buyer, cancel the order and ask the buyer to return the Artwork to Fegofact which will ultimately be returned to the Artist by Fegofact in case there is a complaint by the buyer. The entire cost of shipping for the inaccurate Artwork from the buyer back to the Artist will be borne by the Artist and the same will be adjusted against future payments due to the Artist from Fegofact. Fegofact may terminate the membership of an Artist if repeated complaints of inaccuracy are received of him from the buyers.
Artist should give a hi-res image of the original Artwork to sell print copies.
Originality: The onus for the originality of the Artwork rests entirely on the Artist and the Artist should ensure that the Artwork is not copied from or influenced by or inspired by any other artwork. To display and sell his Artwork on this website he should assure the genuineness of his work. He must take a coloured print out of the system generated authenticity certificate in the prescribed format, sign it duly and enclose it with his Artwork while shipping it to Fegofact.
Pricing: The Artist will upload his Artwork at his discretion and quote a sale price of his expectation. The listed price on the portal would, however, be the price quoted by the Artist with addition of an appropriate premium thereupon. The premium amount would vary depending upon factors like the price quoted by the Artist, dimensions of the Artwork, its weight etc. The said premium is necessary for Fegofact to cover various expenses related to the Artwork covering:
Upkeep of the portal
Platform enhancement and maintenance services
Security of the website
Maintenance of Inventory
Infrastructure and administrative expenses
Customer Service
Packaging
Insurance
GST payable etc.
The price quoted by the Artist will not be elevated under any circumstances once the contract of sale has been executed. The Artist will be entitled of an amount equal to the gallery price of the Artwork quoted by him after deducting the commission receivable by Fegofact when a sale takes place.
Sale of Artwork: While the Artist places his work for sale on the fegofact.com, he agrees to an irreversible acceptance of the terms & conditions which states that the contract of sale is between Fegofact who is acting as the agent between the buyer and the Artist. On account of a default of payment by the buyer or any other issue such acceptance results in an enforceable contract of sale unless officially cancelled by Fegofact within 10 working days of the buyer placing the order. Any sale of his or her Artwork shall be communicated to the Artist by email.
Images uploaded in the site fegofact.com cannot be put up for sale or sold to anybody or at any other platform, physical or virtual.
Locking Peroid: After submitting the artwork Fegofact will keep a locking period for 6 months, post which Fegofact will discuss with artist and derive a mutually suitable future course of action.
Invoicing: A computer generated invoice will be issued by Fegofact to the buyer. The Artist will receive the payment from Fegofact within 7 working days after the expiry of the cancellation and return period.
Fegofact is not under any obligation to provide any prior intimation of sale to the Artist or enable a discussion between the Artist and the buyer since it is a "click and buy" model. Any Artwork posted by the Artist on fegofact.com is supposed to be available with the Artist for sale and ready to be consigned by the Artist as and when a sale takes place according to the shipping conditions mentioned.
Shipping and Returns: When an order is placed on Fegofact, the Artist is required to consign the Artwork within 2 working days of Fegofact receiving the payment from the buyer on behalf of the Artist and the website informing the Artist of the same via email. At the time of placing the Artwork for sale on our website the Artist needs to specify the condition in which the Artwork will be shipped, i.e. either it will be rolled or framed or stretched or in the event of a sale, courier the Artwork in the same condition. All shipping or courier charges to Fegofact will be borne by the Artist. The paintings that are unframed & unmounted should be shipped in a rolled format & in protective cylinders. Utmost care should be taken while packing the paintings that are shipped with glass frames. The Artist should take care to maintain a high standard of packing and shipping the Artwork so that Fegofact receives it in undamaged condition. The Artist must ensure the use of only reputed courier services to deliver Artworks to Fegofact. If in spite of all this, the work gets damaged in transit, Fegofact will refund the payment to the buyer and cancel the order. The cost of shipping the damaged Artworks back to the Artist will be borne by the Artist and will be adjusted against future payments due to the Artist from Fegofact. If the Artworks from an Artist are repeatedly received in a damaged condition then, Fegofact may terminate the membership of the Artist. Moreover, if the Artwork gets damaged while in transit to the buyer then Fegofact will refund the payment to the buyer and cancel the order. The cost of shipping of the damaged Artwork back to the Artist will be borne by Fegofact in that case.
Breach on Orders Placed: In case the Artist no longer possess the Artwork, or is unwilling to conduct the sale, or furnishes incorrect details about the Artwork which becomes evident post the confirmation of a sale, Fegofact reserves the right to cancel the membership of the Artist to this service. Alternately, and without prejudice to the foregoing, Fegofact may, at its absolute discretion, seek to commence legal proceedings to ensure execution of the contract of sale.
Law and Jurisdiction: Disputes if any would be subject to Delhi NCR jurisdiction only.
Revision of T&C: Fegofact reserves the right to change the Terms & Conditions whenever it is required and will be informed via email.
