TERMS AND CONDITIONS AGREEMENT
You wish to use Canvas Savages services to facilitate marketing and sale of your art on a physical product and to arrange for the manufacture of the physical product ("your product") once an order has been made through stickersavages.com . Canvas Savages will provide these services on the terms set out in this Services Agreement. Additionally, Canvas Savages will provide for the delivery of such products to the customer.
ALL AGREEMENTS RELATED TO ARTIST SERVICES
- Artist Services
1.1 Canvas Savages, acting as an independent contractor under your instructions will market to and obtain orders from customers for the purchase of your products over the website and on instruction from you, Canvas Savages will arrange for third parties to fulfill those orders by facilitating payment for and manufacture of your products (“Services”). Canvas Savages will then arrange for the delivery of your products as per the customer’s instructions.
1.2 Canvas Savages will provide the Services pursuant to this agreement until termination in accordance with its terms.
1.3 You agree that Canvas Savages is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.
- License and standing instructions
2.1 You grant Canvas Savages a non-exclusive royalty-free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the Services.
2.2 You hereby instruct Canvas Savages to facilitate the sale of your product which includes payment, processing and arranging for manufacturing your product (s) in respect of the orders placed by the customers via the website and Canvas Savages will facilitate such payment, and manufacturing in accordance with reasonable business practices unless you otherwise instruct prior to the placement of that order by a customer.
- Sale of your products
3.1 The retail price charged to customers who purchase your product is made up of the manufacturing fee charged by the third party manufacturer, Canvas Savages’ fee for hosting the marketplace and facilitating the transaction (the manufacturing fee and Canvas Savages’ fee are referred to collectively, and inclusive of tax, as the “base amount”), your creator margin (“your margin”), and any relevant sales tax (such as Sales Tax, GST, VAT, etc) that Canvas Savages and / or you (as the case may be) are liable to account for to the appropriate tax authorities. Shipping charges will also be added to the retail price. When making each individual work available for sale you are able to select any percentage markup you wish, greater than or equal to zero, above the base amount but below the automated upper limit set by Canvas Savages (subject to change from time to time). The percentage markup selected by you on the website for each of your products is used to calculate the dollar value of your margin for each sale.
3.2 You may change the percentage markup on top of the base amount at any time by changing your selection on the website. We may change the base amount at any time without specific notice to you and this will affect the dollar value of your margin, which is calculated as a percentage of the base amount (e.g. if we increase our base amount, your margin will also increase). The retail price will not change on an individual sale after a customer has submitted an order to the website.
3.3 Canvas Savages will send you an email to the email address you registered in your account to notify you when an order has been placed for your products.
3.4 You agree that Canvas Savages makes no representation that it will be able to procure an order for your products, whether at the retail price or at all, nor that you will obtain any benefit by entering into this Services Agreement.
3.5 All items purchased from the website are manufactured pursuant to arrangements with third-party suppliers under your instructions. This means that title and risk for loss for such items pass from you to the customer/purchaser without passing through us prior to the goods being delivered to the customer by Canvas Savages under the customer’s instructions.
- Payment terms
4.1 You authorize Canvas Savages to collect, hold and distribute the retail price (“sale proceeds”) from customers on the terms set out in this clause 4. Canvas Savages will also charge the customer for the shipping which will be retained by us and not affect the amount to be distributed to you.
4.2 You authorize Canvas Savages to deduct the base amount (which includes Canvas Savages’ margin for facilitation services, including tax where applicable) from the sales proceeds for your products before distributing your margin (which will include tax where applicable).
4.3 We will pay your margin in accordance with the payment method you select on the website. This will usually take place between the 15th and 20th days of the month.
4.4 You may at any time request that we pay you the full amount in your account. We will endeavor to pay you this amount within 7 days of your request.
4.5 It is your responsibility to ensure Canvas Savages has current details of your postal address and bank account details. Canvas Savages will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 12 months from the payment date. If you have not notified Canvas Savages of any amendment to the payment method details in that time your margin proceeds will be forfeited to Canvas Savages or donated to a charity of our choice.
- Taxation responsibility
5.1 Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Services Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the merchandise. This may include Sales Tax, VAT, GST and other transactional taxes.
5.2 Canvas Savages will not collect or pay taxes on your behalf as Canvas Savages is merely acting as an agent in facilitating the sale of your product to the customers. As stated in clause 4.2 of this Agreement, the amounts distributed to you will be deemed to be inclusive of any taxes, if applicable. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your products together with any potential interest or penalties that any tax authority may levy as a result of non-compliance. If you are registered for VAT in the EU, Canvas Savages may, upon your request, provide you with a VAT invoice for any charges levied by us.
5.3 If you have an Australian Business Number (ABN) or Value Added Tax (VAT) you may submit your ABN or VAT to the website where requested. If you do not have an ABN or VAT, or if you elect not to submit your ABN or VAT to the website, you will be required to provide more information about the circumstances under which you are offering your products for sale on the website, including whether any of the Australian Taxation Office (ATO) or appropriate tax authority exemptions apply to you.
5.4 For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
6.1 You hereby indemnify and will keep Canvas Savages indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non-performance of your obligations under this Services Agreement or arising out of your willful act, neglect or default in the performance of such obligations.
6.2 This clause 6 will survive the termination of this Services Agreement.
- Limitation of liability
7.1 In no case will Canvas Savages be liable for any consequential loss or damage suffered by you arising from this Services Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.