World Wide Arts Resources, Corp. / absolutearts.com, an Ohio corporation, hereinafter known as ABSOLUTEARTS, is in the business of providing an internet service to artist customers to expose those artists' creativity on a world wide basis, and facilitate the opportunity for those artists to market their creative projects to a worldwide customer base.
This is NOT an exclusive contract. Artist or their legal respresentative may make their work(s) available through other channels but not use ABSOLUTEARTS to direct shoppers to another online selling venue to purchase the same items as listed in your Artist Portfolio, if it constitutes fee avoidance. If contact for the purchase of the artist's artwork has been made through ABSOLUTEARTS any commission related to the sale is due to ABSOLUTEARTS, or this constitutes fee avoidance.
In furtherance of this objective, in exchange for Thirty-Five Percent (35%) at the Free Portfolio Level, (25%) at the Regular Portfolio Level, (20%) at the Premiere Portfolio Level of the total deposit less agreed shipping, insurance costs, ABSOLUTEARTS and the artist or artist's legal representative agree as follows:
- ABSOLUTEARTS will act as an intermediary for the sale of original artwork via the following websites: wwar.com, absolutearts.com and additional sites via which ABSOLUTEARTS is able to make your artwork available. ABSOLUTEARTS will act as an intermediary between the artist and the Artist's buyer. The artist or buyer may not be a minor. Any original artwork below $100 shall be handled directly by the artist and the Artist's buyer.
- Any sale shall take place between the artist and the buyer. The artist is responsible for their own tax obligations. All credit card or sales via PayPal shall be denominated in United States Dollars. All bank transfers to ABSOLUTEARTS' United States Bank account shall be denominated in US Dollars.
- The agreed purchase price of the art, including agreed shipping, insurance, applicable taxes and any discounts shall be paid to ABSOLUTEARTS by the buyer, prior to shipping.
- Artist shall set pricing for their artwork. ABSOLUTEARTS will add an internal handling/processing fee of 5% in addition to the price set by the artist which will be reflected in the final published price. This fee is not included in any commission calculations. Any artwork priced by the artist below $100 will receive an automatic $25 absolutearts processing fee if absolutearts.com decides to handle the sale for the artist. This fee is not included in any commission calculations.
- If artist is showcased/represented/displayed at other websites, artist agrees to set pricing for each artwork at the same price or at a lesser price than at other site. Artist agrees to keep pricing and availability of all artworks up to date at all times. If artist publishes same artwork at a lesser price on any other website ABSOLUTEARTS shall offer the same lesser published price to any buyer. ABSOLUTEARTS at its own disgretion shall also offer a 10% discount to all buyers in addition to the lesser published price. The artist agrees to the 10% reduction in price in addition to the lesser published price.
- ABSOLUTEARTS shall be able to promote the artist's artwork by offering reasonable discounts and or sales on the artist's artwork. Commissions rates are based on the final discount or sales price of the artist's artwork price.
- ABSOLUTEARTS will accept payment from the buyer in United States currency, or by appropriate charge/ debit (Visa, Mastercard, American Express, Discovery card), PayPal, in an equivalent amount to the U.S. Dollar sales figure.
- Artwork shipping, including appropriate insurance is and remains the responsibility of the Artist. Artist agrees to provide ABSOLUTEARTS with a shipping quote/reply within 3 days of purchase. If artist fails to provide such information ABSOLUTEARTS retains the right to delete all Artist's information from ABSOLUTEARTS website at any time for any reason.
- The Artist quotes accurate artwork shipping cost to ABSOLUTEARTS prior to shipping of artwork. This quoted shipping cost is the agreed upon shipping cost and is final. Artist will be reimbursed for quoted shipping cost after artwork sale has been finalized. If shipping cost at time of shipping is higher than previously quoted shipping cost, artist will not be reimbursed for amounts that are higher than previously quoted shipping cost.
- Upon receipt of the artwork by the buyer, the artist's buyer shall have three (3) business days to review the work. Commissions, or any specially created artworks are not returnable and sales are considered final. Upon return of the artwork, the artist shall notify ABSOLUTEARTS and buyer of the shipping date within 24 hours of actual shipping, said notice to include a shipping tracking number. It is agreed by the artist herein, that absent actual notification, receipt by the buyer shall be assumed to be no longer than twenty-one (21) days unless agreed upon in writing.
- If the artwork is rejected by the buyer, ABSOLUTEARTS will hold any payment by the buyer until notified by the Artist that the artwork has been received back, by the Artist. If the artist does not accept delivery, neglects to make arrangments to receive the returned artwork or refuses/denies/neglects to receive the artwork back for any reason ABSOLUTEARTS will not pay the artist for the price of the artwork or costs related to shipping. Alternatively, where ABSOLUTEARTS is notified by the buyer of delivery as evidenced by a signed return receipt, e-mail or tracking notification, and the Artist fails to confirm receipt and condition within 24 hours after delivery, in answer to a ABSOLUTEARTS notification, for a period of (1) day. Following receipt or constructive receipt, as outlined herein, ABSOLUTEARTS will return the buyer's payment.
- If the artwork is accepted, ABSOLUTEARTS will make payment to the Artist during the first week of the month, first following acceptance of the artwork, acceptance being as outlined above. Payment to the artist shall be the full amount as deposited by the buyer (purchase price plus agreed shipping and insurance costs), less thirty-five percent (35%) at the Free Portfolio Level, (25%) at the Regular Portfolio Level, (20%) at the Premiere Portfolio Level of the purchase price to ABSOLUTEARTS for providing this service. If the artist includes free shipping ABSOLUTEARTS is not responsible for shipping costs.
- In the event any payment has stopped for any reason, ABSOLUTEARTS shall not be held responsible for said stop payment, by either the artist or the artist buyer. Any remedies for ABSOLUTEARTS against either the buyer or the seller shall be preserved however, any action for payment or recovery of artwork as and between the buyer and the seller shall remain the sole responsibility of said buyer or said artist seller.
- PAYMENTS TO ARTIST IN USA OR CANADA FOR ORIGINAL ARTWORK: ABSOLTUEARTS will pay artist via Company Check, PayPal or Wire Transfer. For wire/bank, Paypal payments artist is responsible for transfer fees incurred by ABSOLUTEARTS and will be deducted from the artist's payment. Wire/Bank transfers are subject to a $40 fee charged by absolutearts.com. Artists are responsible for all applicable taxes for all sales with the appropriate tax collecting services of each artist's country of residency. All sales are between the artist and the buyer.
PAYMENTS TO ARTIST OUTSIDE OF USA OR CANADA FOR ORIGINAL ARTWORK: ABSOLTUEARTS will pay artist via PayPal, International Wire Transfer or Western Union. International Wire Transfers or Western Union payments are subject to bank fees / Western Union fees and an additional $40 absolutearts.com fee which will be deducted from the artist's payment.
In requesting that ABSOLUTEARTS undertake this service for the Artist, and the Artist's buyer, the Artist agrees as follows:
- ABSOLUTEARTS is not, in so acting, the agent, representative, broker, or employee of the Artist or the Artist's buyer.
- ABSOLUTEARTS assumes no responsibility or liability for any part of delivery, insurance, cost of delivery, customs fees, recovery etc. It is the responsibility of the artist to fully insure all shipments to the client.
- The Artist agrees that the artwork sold or transferred to the buyer, is that Artist's original work represented in the Artist's Portfolio or a legal electronic representation/reproduction of the original work in case of a (POD Artwork) the artist has all legal rights to sell and hereby agreed to sell/transfer ownership, and further agrees not to act as an agent, representative, broker or employee for any other artist utilizing this service with ABSOLUTEARTS.
- The Artist shall always inform ABSOLUTEARTS and the buyer if the artwork being sold and shipped is a copy, different version, edition of the original artwork posted at ABSOLUTEARTS prior to selling the work at ABSOLUTEARTS. In case that the artist sells a copy or derivative work of another work without the knowledge and written confirmation from ABSOLUTEARTS or the buyer the artist will be deleted from ABSOLUTEARTS and any misrepresented artwork will not be returned to the artist and the artist will not be reimbursed for shipping costs and the artist will not be paid the selling price of this artwork as this is fraud and a clear misrepresentation of artwork for sale.
- The Artist shall always inform ABSOLUTEARTS in writing and with photographs as proof if any changes or alterations have been made to the artwork such as touch up, repairs, enhancements, etc. prior to shipping to client. If any changes have been made and the Artist does not inform ABSOLUTEARTS and the client rejects the artwork ABSOLUTEARTS will not reimburse the Artist for shipping costs. The Artist will also be responsible for all shipping costs for the return of the artwork to the Artist or the artwork may not be returned to the Artist.
- The Artist shall package all artwork in a secure manner. It is the full responsibility of the Artist to properly, securely and professionally package the artwork for safe transport from the artist's studio to the client's shipping location. If the client rejects the artwork because of improper packaging by the Artist and an insurance claim cannot be filed with the shipping company because of wrong or inadequate packaging ABSOLUTEARTS will not reimburse the Artist for quoted shipping cost and the Artist will be responsible for all shipping costs related to the return shipping to Artist or the artwork may not be returned to the Artist.
- If the Artist delivers the artwork to the client or picks up the artwork from the client upon a return or for any other reason, it is the Artist's responsibility to properly and securely package the artwork for transport, carry full insurance for the artwork, delivery vehicle and Artist and any accompanying persons during transport.
- If the Artist picks up the artwork from the client for any return reasons, the artist needs to send photographic evidence with verifiable date stamp in photo to be taken in the artist's studio so that ABSOLUTEARTS can verify that the artwork was actually returned to the artist.
- The Artist understands and agrees, that ABSOLUTEARTS is not an importer or exporter, nor is ABSOLUTEARTS an art dealer, or merchant in international or interstate commerce.
- The Artist understands and agrees that ABSOLUTEARTS may reject or refuse to undertake any transaction or request to act as outlined herein, for any reason. Upon accepting a transaction or request, the full extent of ABSOLUTEARTS' responsibility is and shall be limited to the express duties as set out herein.
- The Artist agrees to keep all information up to date and accurate and further warrants the work to not be subject to any copyright infringement, criminal or illegal activity.
- The Artist agrees to provide ABSOLUTEARTS with a valid Tax ID or social security number for tax purposes, if required by law. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any ABSOLUTEARTS service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.
Should you have a dispute with one or more users, or an outside party, you release ABSOLUTEARTS (and ABSOLUTEARTS's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The parties hereto agree, that all rights and duties under this contract shall be governed by the laws of the State of Ohio, this transaction bearing a reasonable relation to said state.
The parties hereto agree, that in the event of any dispute arising from this contract, the dispute shall be submitted to arbitration, in Licking County, Ohio, USA, within one (1) month from the date of the event from which the dispute arises, which also cannot be later than (30) thirty days after a sale, as outlined by the laws of the State of Ohio, and any action after said time is herein and hereby precluded. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. Arbitration as outlined herein, shall be the exclusive remedy of either party to the dispute, and the results thereof shall be binding on all parties. ABSOLUTEARTS' liability in any case, shall be limited by this contract, and shall in no case, be greater than one hundred percent (100%) of the purchase price.
In the event this Sales Agreement is cancelled for any reason, ABSOLUTEARTS may suspend your ability to use your ABSOLUTEARTS account and you remain obligated to pay ABSOLUTEARTS for any and all unpaid amounts. ABSOLUTEARTS may amend this Sales Agreement from time to time consistent with applicable law.
Effective Date: August 13, 1999
Last Updated: February 20, 2022