Welcome to Pahiyas Art
These Terms of Agreement (“Terms”) between you, (“the Artist”, “you”, “your”) and Pahiyas Art with office address at Arnaiz Ave, Pasay City, Manila, Philippines 1300 (“The Pahiyas Art”, “we”, “us”, “our”) govern your use of our website and services (“Website”). By using the Website, you agree to these Terms. Please read these Terms carefully and feel free to contact us if you have any questions.
To qualify as artist/seller at Pahiyas Art, you must be a Filipino citizen of legal age and residing in the Philippines or abroad.
Pahiyas Art exhibits and sells artworks, drawings and photographs (“artworks”) submitted by the Artist online. The Artist desires to exhibit and sell his/her artworks via the Website, therefore, Pahiyas Art and the Artist (the “Parties”) agree on the following:
- The Pahiyas Art as Agent
The Artist appoints Pahiyas Art to act as its non-exclusive agent for the exhibition and sale of the artworks through its online platform, pahiyasart.com. Pahiyas Art shall also organize actual, physical exhibits from time to time and the artist may opt to join where a diffrent terms of agreement may be set and agreed upon by both parties.
- Artist Account, Dashboard and Profile
Once the Artist is approved, an Artist Account (“Account”) and Artist Dashboard (“Dashboard”)will be setup where you can create your profile and virtual gallery (“Gallery”), upload artworks, monitor sales, payment and perform other transactions. If your virtual gallery is incomplete or contains no account photo, cover image/banner or artist profile, both your artworks and gallery will not show up in the Website.
- Submitting Artworks on the Website
You may submit artworks for listing on the Website through the Artworks Manager in your Dashboard. Artworks shall be categorized (i.e. paintings, drawing, etc.) and may be selected upon adding the artwork. You may also add other details such as price, medium, size, subject, style, etc. You can submit as many artworks as you can and are not subject for approval by Pahiyas Art upon submission. However, you are required to observe utmost discretion about your submission and refrain from submitting prohibited content.
- Prohibited Content
Pahiyas Art is liberal towards the artworks that the artist may post for sale. However, we may deem an image unacceptable on legal or other grounds and as such, are prohibited in our platform. Artists are expected to take utmost discretion before submitting their artworks for sale. The types of images that will be removed immediately are: 1) those we deem racially offensive 2) those that depict or otherwise promote the sexual exploitation of minors (persons under the age of 18), 3) those that portray objects against moral, religious or sexual standards.
- Pahiyas Art reserves the right to edit any artwork to meet our guidelines or delete any artwork with or without prior consent from you.
- If you sell an artwork outside of the Pahiyas Art website such as a physical studio, gallery or other means, you must update your Gallery as soon as possible. Pahiyas Art is not responsible for any failure to update your Gallery which leads to duplicate sales. If a duplicate sale does occur, the Artist must make their best effort to provide an alternate product option that can be offered to the client at the same price as the purchased work.
- If you wish to remove an artwork for any other reason you can do so by logging into your Dashboard and un-publishing, deleting or marking the artwork as “Sold” by indicating “0” in your stock inventory.
- Responsibility for Artworks
You acknowledge and agree that you are solely responsible for the artworks you make available through our Website. You represent and warrant that (i) you are the creator and authorised to sell the artworks, (ii) the artworks are original and you are the sole and exclusive owner of the artworks, (iii) the artworks that you make available through the Website will not infringe on a third party’s intellectual property rights or result in the violation of any applicable law, (iv) the artworks will be shipped in the condition that has been listed on the Website.
- Pricing and Sales
Pahiyas Art shall sell the artworks at the retail price or discounted price specified by you in the Gallery plus necessary tax as stated in item #13. The retail price shall include Pahiyas Art’s commission. Pahiyas Art requests that there is no discrepancy between the price listed in the Gallery and the price at which you sell the work at your studio or via other galleries or online platforms. Pahiyas Art reserves the right to remove artworks if it finds them published elsewhere at a different price.
It is your responsibility to update Pahiyas Art should the prices of the works change from the time they were originally listed. If a work is sold at the listed price, the Artist is responsible for honoring the sale at the listed price.
Customers will pay Pahiyas Art directly for the artworks. Once payment is received by Pahiyas Art, the Artist will be notified to prepare the artwork/s for shipping. Pahiyas Art will also inform the Artist of the amount earned thru email, after Pahiyas Art’s commission has been deducted. These transactions may be monitored by the artist in the dashboard and notified through email.
Payment to the artist of the net price of the artwork plus the shipping fee, if applicable will be transfered to the Artist’s bank account or sent thru a remittance company of their choice within 7-10 days from notification of sale. Artist agree that all remittance or bank charges shall be shouldered by you.
Shipping fee will added to the net price to be sent to you unless shipping will be done by Pahiyas Art.
- Pahiyas Art Commission
A 20% commission for all artwork categories shall be deducted and paid to Pahiyas Art on sales made through the online platform or through physical transactions made outside the platform/offline sales but originated from Pahiyas Art.
- Transaction Restriction
If a customer contacts the Artist directly by any means, after seeing an artwork on the Website, the artist shall not sell the artwork independently of Pahiyas Art. The Artist must notify Pahiyas Art to assist with the transaction.
If the said listed artwork was sold by the artist directly to a customer i) without prior notice to Pahiyas Art, ii) or later found out and proven by Pahiyas Art to have taken place, the Artist shall pay Pahiyas Art the 20% commission.
A 12% (twelve percent) Value Added Tax (VAT) shall be paid by the customer and shall be automatically added in the price of the artwork and shown in the Website.
- Shipping and Packing
The Artist must ship the artwork within 3 working days of confirmation of order by Pahiyas Art. If more than 3 working days is required to prepare the artwork, the artist shall notify Pahiyas Art immediately so that we can promptly inform the customer. Tracking/shipping information is to be provided to Pahiyas Art. Artist must pack the artwork in sturdy and durable materials with cushion to prevent damage from transport.
The Artist will ship the artwork directly to the Customer. The Artist shall use a reliable and recognized local or international courier (ie. LBC, JRS Express, Lala Moves/DHL, UPS, FEDEX, etc.) to ship the artwork.
Shipping charges, insurance costs, relevant taxes and duties, and other handling expenses incurred in the delivery of the artworks from the Artist to the Customer shall be borne by the Customer. Packaging costs, and risk of loss or damage incurred in the delivery of the artworks to the Customer will be borne by the Artist. Pahiyas Art will be on hand to assist in any mediation.
- Returns Policy
Pahiyas Art offers a 7-day returns policy upon the Customer’s receipt of the artwork. If the Customer chooses to return the artwork within this period, Pahiyas Art will issue the Customer with a full refund and organize for delivery of the returned artwork to Pahiyas Art’s offices. Pahiyas Art will be communicating with the artist and customer to find the best solution on the returns.
Pahiyas Art can hold the artwork at our premises until it is re-sold or the Artist can arrange for return shipping at their own cost. If you wish to retrieve the artwork, you must reimburse Pahiyas Art of the cost paid for the artwork including all other expenses such as shipping, remittance fee etc. that was incured during the process of selling and return of the artwork.
We request that you list artworks on our Website exclusively (i.e. they do not appear on any other online platforms for sale except your personal Website or social media account) to ensure there are no price discrepancies across multiple online platforms and your collectors know where to find your artworks online. If you choose to list artworks on a non-exclusive basis, then you must make your best efforts to ensure there is no price discrepancy between the prices listed on Pahiyas Art and on other online platforms and to update the product status in a timely manner should the work sell outside of Pahiyas Art’s platform.
- Currency Conversion
Pahiyas Art uses Philippine Peso (PHP) as a base currency at which artworks are sold online. In the event of a sale, Pahiyas Art shall advise the Artist of the exchange rate, and shall be paid according to the current exchange rate existing at the time of the sale.
- Framing & Crating
Most prices on our Website exclude framing. Please indicate in your Gallery if your artworks are framed. If your artwork requires crating for shipment, please indicate this in your Gallery so the Customer is aware of potentially higher shipping charges.
- Loss or Damage
The Artist shall be strictly liable for loss or damage to any artworks until the artworks has been delivered to Pahiyas Art or the Customer. In the event of loss or damage, Pahiyas Art will be on hand to assist and mediate if required but the Artist commits to either a full refund, or a replacement piece (where possible), unless otherwise agreed.
Any changes to the Artist information, profile, price or availability of the artworks are to be made by logging into your Account and making the changes to the Gallery. Such changes should be made as soon as reasonably possible. Pahiyas Art is not liable for any issues arising from the failure to make such changes in a timely manner.
- Cancellation of Account
The Terms are valid from the date of acceptance by the Artist. The Terms remain in force until either Party expresses the intent to terminate the Terms at anytime. The Artist must delete all the artworks in his/her gallery prior to cancellation of the account. Pahiyas Art shall restrict all access to the platfrom upon termination by the Artist. All accrued payments and obligations must be settled to each parties prior to the termination of the Terms.
- Certificate of Authenticity
The Artist shall provide a signed, original Certificate of Authenticity along with each artwork upon shipping.
- Promotion and Marketing
Pahiyas Art shall put the Artist’s profile on the Website. Conversely, the Artist shall endeavor to post a positive mention and/or a link to Pahiyas Art from their social media channels and website (if any). Pahiyas Art shall be notified once these promotions are published online. The Artist also consent for the use of his artwork or profile in any marketing activities, both online and offline by Pahiyas Art for the promotion of the website.
The Artist agrees to defend, indemnify and hold Pahiyas Art, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Website or your Account or your violation of these Terms.
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website remains with you. Neither Pahiyas Art nor any other party involved in creating, producing, or delivering the Website will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute artworks or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Website or from any communications, interactions or meetings with other users of the Website or other persons with whom you communicate or interact as a result of your use of the Website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Pahiyas Art has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
- Law & Jurisdiction
The construction, validity and performance of these Terms shall be governed in all respects by the laws of the Philippines.
- Entire Agreement
These Terms may be modified from time to time. The provisions contained herein supersede all previous statements regarding our Terms. Any annexes attached hereto or referred herein are hereby incorporated and made part of this Terms. Please check back from time to time to see the changes that has been made. By continuing to use the Website after any modifications to the Terms, you agree to be bound by such modifications.
These Terms shall be in effect upon clicking the Submit or Register button in the website’s registration page by the artist and submitting a completed Artist Application Form.
Date of last update: Sept 21, 2020