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These terms and conditions, together with the policies expressly referred to within (Terms) govern how any artwork (Artwork) owned by a person registered with TiJOM Inc. (LenixArt, we, us, our) under these Terms to sell it (Seller, you, your) may be offered for sale and sold on the website and systems accessible at www.LenixArt.com (Platform). Any words or expressions used in these Terms that begin with a capital letter which are not otherwise defined where they first appear shall have the meaning given to them in Clause 1.5.
Each contract for the sale of Artworks by you (Contract) shall be concluded in accordance with Clause 22.4 of the Terms and Conditions of Use (Terms of Use), the current version of which, as amended from time to time in accordance with those Terms of Use, shall form part of these Terms. When you display Artworks for sale on our Platform you will be offering to sell these directly to a Customer, and you appoint us as your commercial agent to conclude the sale of the Artworks in accordance with the Clause 1.4 of these Terms.
TiJOM Inc. is incorporated in India and Wales with our registered office at 9723 42 Ave NW Edmonton, Alberta Canada T6E 5P8.
If you have any questions, concerns or complaints, you can email LenixArt at admin@LenixArt.com, use the Platform’s ‘Contact us’ page or write to TiJOM Inc.
As soon as we receive any complaint, action will be taken to rectify the problem. If you contact LenixArt by post or email we will reply by email. If we need a little time to investigate we will let you know.
Please take the time to familiarise yourself with the following expressions, which will be used throughout this document as explained below:
The Yearly fees payable by the Seller to LenixArt for their level of Seller Plan Subscription, as set out in Commission and Fees Policy.
The yearly subscription to one of the Seller Plan Subscriptions set out in the plan selection page within Seller’s shop management portal.
The page and its contents on which an Artwork is offered for sale by a Seller on the Platform.
Any text or imagery contributed to and hosted on the Platform
The monies paid by a Customer to us under the Terms of Use with respect to the sale of an Artwork concluded via the Platform
The monies due to a Seller under these Terms with respect to the sale of an Artwork concluded via the Platform
Any person registered with us under the Terms of Use for the purpose of purchasing Artworks on the Platform.
You hereby authorise us to act as your commercial agent to promote your Artwork(s) for sale to Customers via the Platform (but we are not obliged to find you Customers), to conclude each Contract for the sale of your Artwork(s) between you and that Customer via the Platform as specified in Clause 22.4 of the Terms of Use and to accept payment on your behalf via the Platform in accordance with the Terms of Use. Each such Contract is between you and the Customer only. We are not a party to that Contract and we are neither the buyer nor the seller (or reseller) of the Artwork(s) that you offer for sale. We are not the Customer’s agent for any purpose. You, and not us, are responsible for performing the obligations under the terms of any Contract between you and a Customer. You are the seller of record for all your Contracts, but the Customer pays us via the Platform for the relevant sales. The Customer’s obligation to pay for any Artwork(s) under each Contract with you is satisfied when that Customer properly pays us for the Artwork(s) via the Platform. Because we conclude the sale on your behalf and the Customer’s payment to us satisfies the Customer’s obligation to pay for the Artwork(s), our name will appear on the Customer’s payment card statement (which may also display the Seller’s name). You must dispatch or arrange for the dispatch of the Artwork(s) you have sold after receiving notification of the Customer’s order. Customers may only pay for Artwork(s) they purchase via the Platform by making a payment to us and you must not invoice any Customer, or obtain payment, outside the Platform. Any refunds to Customers may only be initiated via the Platform. We may in our sole discretion investigate or decline to process any transaction involving any Artwork(s) purchased via the Platform.
Except as otherwise expressly provided in these Terms, we are not the agent, intermediary or other representative of the Seller. We are not a fiduciary or trustee of the Seller.
These Terms are governed by the laws of Alberta Canada and you agree to submit to the exclusive jurisdiction of the courts of Alberta Canada and Wales with respect to your relationship with LenixArt.
It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate. It is your responsibility to adhere to all applicable tax requirements for sales made to users on the Platform.
You must be over 18 years of age to become a Seller on the LenixArt Platform. By accepting these Terms you represent and warrant that you at least 18 years of age.
You additionally warrant that all information you provide to LenixArt, including but not limited to your name, tax status, and country of residence, is accurate, truthful and kept up to date subject to any change.
When we accept your application to register on the Platform as a Seller, we set up a data account for you in our systems ( Seller Account) that includes your level of Seller Plan Subscription, details of each of your Artwork sales (Sale) and issue you with certain credentials with which to log-in to your Seller Account (Passcodes). The Seller Account does not hold any funds.
Each time you seek to access the Seller Account we will ask for Passcodes. As long as the correct Passcodes are entered, we will assume that you are the person giving instructions and you will be liable for them, except to the extent provided for in this clause 2.2. You must therefore keep the Passcodes secret and make sure that they are not stored in a way that enables others to impersonate you. If you disclose the Passcodes to any person that you authorise to access the Seller Account, you are also responsible and liable for any access, use or misuse or disclosure of your Passcodes or Seller Account by such person.
We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or (iv) if we believe the Platform is being used for an illegal purpose.
Unless and until you notify us by email to admin@LenixArt.com that you believe someone else knows the Passcodes or can use the Seller Account by impersonating you:
We will do all that the Service Provider reasonably can to prevent unauthorised access to Seller Account.
You, not us, shall be responsible for (a) compiling and retaining permanent records of all Sales and other data associated with the Seller Account and your use of the Platform, and (b) reconciling all payments in relation to the Sales. Upon the termination of these Terms for any reason, we shall have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with any Sales or the Seller Account.
You warrant that you are the creator and sole and exclusive owner of all Artworks displayed on LenixArt or are consignor of such Artworks as directly authorised by their creator.
You additionally warrant that you have obtained all clearances, and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of Artworks on the Platform.
All Artworks represented for sale on LenixArt must be one-of-a-kind or limited edition original artworks with a maximum edition size of 150. All Artworks must be signed by their creator or accompanied by a certificate of authenticity signed by their creator.
All impressions sold from a limited edition print run must be assigned numbers in correspondence with the order in which they were produced. The number of each impression must be marked clearly on the Artwork itself or on its accompanying certificate of authenticity.
You acknowledge and agree that you are solely responsible for all Artwork Content you upload to LenixArt. You may not upload Artwork Content or any other materials which LenixArt reasonably believes to be:
LenixArt reserves the right to remove any Content or Artwork Listings from the Platform at any time in its sole discretion.
By registering and becoming a Seller and uploading Artwork Content you grant LenixArt a worldwide, non-exclusive, royalty-free, sublicensable right and license to access, view, use, copy, reformat, distribute, publicly display, publicly perform and transmit your Artwork Content via online and physical sales channels (including the Platform and third party sites and platforms) in any media now known or not currently known.
This right and license is solely for the purpose of enabling LenixArt to use your content for the promotion of the Platform. LenixArt does not claim, and so may not violate, ownership rights in your Artwork Content.
You acknowledge that the only compensation you will receive for such license, if any, will be in the form of the Net Sale Proceeds, payable only upon the sale of an Artwork through the Platform, and defined later in this document.
It is your responsibility to ensure that all Listings submitted to the Platform represent the Artworks offered for sale therein to the highest degree of accuracy possible.
Where inaccurate specifications or materially misleading images are submitted as part of Artwork Listings from which any Sale is made, LenixArt reserves the right to debit any costs associated with resulting Customer return requests from the Gross Sale Proceeds.
The price stated in each of your Artwork Listings ( Price) must be a reasonable reflection of the value of the Artwork offered for Sale, and must be equal to the price set for the same Artwork on any other channels through which the Artwork is sold directly or on consignment.
You authorise us to discount the Price by up to 15% in the event that LenixArt deems this necessary to conclude a Sale, based on:
Where a Customer introduced to you through the Platform locates your Artwork offered for sale elsewhere at a lower price either directly by yourself or by an authorised consignee, LenixArt reserves the right to adjust the Price of the Artwork on LenixArt, before or after Sale of the Artwork has been completed, to be equal to the lower price, and calculate your Net Sale Proceeds for any resulting Sales in accordance with this updated Price.
Your specified shipping and handling fees for Artworks listed on LenixArt must be an accurate representation of costs incurred in fulfilment of the order. Inflating your shipping and handling fees with a view to avoiding or lessening LenixArt’s commission is strictly prohibited.
It is your sole responsibility to arrange the packaging and shipment of Artworks for delivery to any Customers introduced to you through the Platform. It is your responsibility to research accurate shipping rates and select a preferred courier prior to listing your Artwork. LenixArt will not be liable for any losses incurred as a result of inaccurately quoted rates.
Artworks must be packaged and shipped in accordance with LenixArt’s Packaging and Delivery Guidelines and the timeframe specified on your Shipping Details page. Where these requirements are not met, LenixArt reserves the right to debit any costs associated with resulting Customer return or cancellation requests from Net Sale Proceeds. LenixArt reserves the right to treat as unfulfilled any orders which have not been marked as shipped beyond the expiration of the timeframe specified on your Shipping Details page.
It is your responsibility to comply with all local tax regulations with respect to any sales completed on the Platform, and to include any required documentation or invoices within packages shipped.
Yes, you may discuss the scope, requirements, timeline and budget of an order for custom or bespoke Artworks using the tool we provide on the Platform for that purpose. Once you have agreed the specification with the Customer, you can notify us using the tool provided on the Platform or by emailing us to admin@LenixArt.com. When the Customer places the order we will debit the Customer’s card for any agreed deposit which will be paid to you (less our Commission and Fees) for commencing work in the ordinary course. Once you complete and dispatch the Artwork we will debit the Customer’s card for the balance of the Gross Sale Proceeds and we will pay the Net Sale Proceeds to you in the ordinary course.
When an order has been placed for one of your Artworks you will receive a confirmation notice to your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Customer. You are also able to view outstanding and completed orders from your Orders page in your Sales Dashboard.
We will notify you by sending a confirmation notice to your nominated notification email address when a Customer places an order via the Platform under Clause 22 of the Terms of Use. You must promptly either:
The Contract between you and the Customer will only be formed when we send the Order Confirmation to the Customer.
The Customer’s chosen payment method will be debited for payment for the Artwork(s) and all applicable Delivery Charges when we send the Customer the Order Confirmation under Clause 22.4 of the Terms of Use (or Clause 22.6 in relation to custom Artworks, as specified in Clause 4.2(c) above).
Payment is held securely by LenixArt in a designated bank account separate from our own funds ( Seller Funds Account) pending transfer under Clause 4.3 of these Terms. We hold the funds in the Seller Funds Account in trust for the Sellers to whom the funds will be due for payment under Clause 4.3. The perpetuity period for the trust arising under these Terms shall be 125 years. You are not entitled to the interest (if any) paid to us by our payment service provider in relation to the Gross Sale Proceeds or Net Sale Proceeds.
Your Net Sale Proceeds will be transferred to your Nominated Payment Account on expiration of LenixArt’s returns period as stipulated in our then current Customer Returns Policy , subject to any required administrative and clearance period, and in line with LenixArt’s current Payment Schedule.
LenixArt is entitled to withhold your Net Sale Proceeds for any given Sale if there is, or in LenixArt’s reasonable opinion is likely to be, a dispute with you or a dispute between you and the Customer, until such dispute is resolved to LenixArt’s reasonable satisfaction.
By creating Artwork Listings on LenixArt, you agree to offer LenixArt’s current Platform-wide Customer Returns Policy with respect to any resulting sales. All returns requests submitted by Customers are received, processed and arranged by LenixArt. You will receive immediate notice via your nominated notification email address of any approved returns requests for Artworks you have sold through LenixArt, as well as a further confirmation email once a collection date and service has been arranged.
LenixArt will pay for the return by courier to your nominated returns address of any Artworks returned under LenixArt’s Customer Returns Policy where the stated reason for the return is that the Customer changed their mind.
If any other reason is provided for the return, LenixArt reserves the right to investigate, should it reasonably be believed that the return was a result of your breach of either Seller Best Practice Guidelines or Packaging and Delivery Guidelines.
LenixArt will accept no liability for damage to Artworks in transit from you to your Customer. It is solely your responsibility to ensure that you package your Artworks sufficiently and ship them via a service that will minimise the likelihood of damage.
You acknowledge that any postage or shipping guidance provided by LenixArt in the form of help articles or support correspondence comes with no guarantee of safe transit if followed. If you do not secure transit insurance for any Artwork before shipping it, you do so solely at your own risk.
LenixArt will accept no liability for Artworks lost in transit on their way to your Customer. If you do not send your Artworks via a traceable method of shipment, you do so at your own risk and LenixArt reserves the right to issue a full and immediate refund to the Customer on notice of non-delivery within the estimated timeframe.
Where the stated reason for the return of an Artwork is that the Customer changed their mind, LenixArt will reimburse you for the outbound shipping costs incurred by payment to your Nominated Payment Account in the next payment run in respect of your Net Sale Proceeds, subject to you sending to us of the valid VAT (where applicable) receipts for costs incurred and LenixArt’s reasonable satisfaction that Seller Best Practice Guidelines were adhered to with respect to the order in question.
You may list Artworks for sale on LenixArt in accordance with your Seller Plan Subscription.
Your monthly Seller Plan Fee payable to LenixArt is determined by your Seller Plan Subscription and laid out in the then current Commission and Fees Policy.
When your Artwork is sold to a Customer introduced to you through LenixArt, LenixArt is entitled to charge the commission and fees, plus VAT, in accordance with your Artist Plan Subscription and laid out in the then current Commission and Fees Policy.
You must pay to us Commission on any sale of your Artwork or Artworks to any Customer first introduced to your Artworks, or with whom you have first made contact, via the Platform. We will deduct our Commission from the Gross Sale Proceeds for that Artwork in accordance with Clause 6.3 of these Terms. Any attempts to complete sales or any other monetary transactions initiated on the Platform outside of the Platform are strictly prohibited, and will result in the suspension or closure of your Seller Account.
In any case where LenixArt reasonably believes a sale or monetary transaction initiated on the Platform to have been completed outside of the Platform, LenixArt reserves the right to debit any costs associated with resulting customer return requests from any Net Sale Proceeds due to you.
LenixArt deducts Commission and Fees from the Gross Sale Proceeds on a percentage basis in relation to Sales completed through the Platform, as defined in our Commission and Fees Policy , which is subject to change and incorporated into these Terms by reference. In the event of any change to the Commission and Fees Policy, LenixArt will provide with at least 14 day’s notice by posting the changes on the Platform. Your Net Sale Proceeds for any given Sale is the Gross Sale Proceeds based on the Price at which the relevant Artwork(s) is sold under the Contract, less the total Commission, Fees and taxes due in relation to the Sale as defined in our Commission and Fees Policy and any discount that you have offered (or authorised LenixArt to offer under Clause 3.2), to the relevant Customer. Unless offered pursuant to your authority under Clause 3.2 or otherwise expressly agreed by you, any Platform-wide discounts and promotions offered to Customers on the Platform will be absorbed by LenixArt in full and not affect in any way your Net Sale Proceeds.
You shall open and maintain in your name a payment account with a duly authorised payment services provider to receive payments from us and include the details of it on the payments page in your Seller Account ( Nominated Payment Account).
Your Net Sale Proceeds will be transferred to your Nominated Payment Account in the next available qualifying pay run in line with our current Payment Schedule. It is your responsibility to ensure that all dispatched orders are marked as shipped on your Orders page. Your Net Sale Proceeds for any given order will not be transferred until these requirements have been satisfied with respect to that order.
LenixArt reserves the right to defer the payment of your Net Sale Proceeds until the next pay run for any given Sale if the total payment amount is under £50 GBP / €50 EUR / $50 USD (depending on the currency of payment) and the payment method is a bank transfer to a Nominated Payment Account held by you with a payment service provider located outside of United Kingdom.
LenixArt may, in its sole discretion, terminate this agreement, access to the Platform without notice to you. Upon termination, all rights and obligations will be extinguished other than such rights and obligations which are necessary to process any orders placed prior to such termination.
You may request deletion of your LenixArt Account from your user settings page. On receiving notice of your cancellation request, we will endeavour to remove your Seller shop from the Platform within 2 working days.
In no event will LenixArt be liable for any damages arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use, or inability to use this Platform. We make no warranty that this Platform or the server that makes it available is free of viruses or bugs.
Throughout the Platform, you may find links to third party websites. Please note that LenixArt is not responsible for the privacy policies or content of third party sites.
To the extent that personal data is supplied by users to LenixArt, such data shall be owned by LenixArt and subject to the then effective Privacy Policy of LenixArt, the Data Protection Act 1998 and any other applicable law or regulation in the relevant jurisdiction. Where you receive personal data from users of the Platform, you will comply with all applicable law and regulation, the LenixArt Privacy Policy and all other instructions of LenixArt.
LenixArt is a venue and provides an online marketplace and gallery only.
The Platform are provided on an “as is” basis. LenixArt makes no representations or warranties of any kind to you relating to the Platform to the fullest extent permitted by law.
LenixArt shall not be liable for any damages of any kind including without limitation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Platform, provided that nothing in these Terms shall exclude or limit liability for death or personal injury arising as a result of negligence, fraud or any other liability which may not be excluded or limited by law.
Without limiting the foregoing, LenixArt’s total and aggregate liability to you shall in no event exceed the total amounts actually received by you in any calendar year in connection with a sale of Artwork through the Platform.
You hereby indemnify LenixArt and keep LenixArt and its group companies, third party sellers, directors, shareholders and employees at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of LenixArt), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations under these Terms or otherwise arising from a transaction between you and a consumer or your use of the Platform.
These Terms do not create any right enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999.
Save for as expressly referred to in these Terms, these Terms contain the full and complete understanding between the parties and supersedes all prior arrangements and understandings, whether written or oral, pertaining to the subject matter of these Terms.
These Terms shall not be deemed to constitute a partnership, joint venture, contract or relationship of employment between the parties.
These Terms and any non-contractual obligations or liabilities arising out of or in connection with these Terms shall be governed by the laws of Alberta Canada and the parties submit to the exclusive jurisdiction of the English courts.
At Lenix Art, we make it our mission to help you discover and buy from the best emerging artists around the world.
