Seller Terms and Conditions
Listing Works on the Services
As a Member, you may submit listings of original works of art (“Original Works of Art”) that you have created and that you desire to sell through the services provided by the website hosted by Faigy’s Judaic Art Gallery (the “Services“). You may not submit listings of Original Works of Art that were created by another artist. In order for your listings to be accepted, you must provide Faigy’s Judaic Art Gallery with all the information requested by Faigy’s Judaic Art Gallery and you must comply with any other Faigy’s Judaic Art Gallery requirements as requested from you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Faigy’s Judaic Art Gallery with a copy of a government-issued ID, tax identification, VAT ID, or similar documentation and information. Your listings must be true, accurate and complete. Faigy’s Judaic Art Gallery reserves the right to edit any listings to ensure that they comply with any guidelines created by Faigy’s Judaic Art Gallery. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 3 business days or more in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that Faigy’s Judaic Art Gallery reserves the right to promote and market Original Works of Art through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of all Works of Art. You always retain the right to remove a listing for any Work of Art from the Services – please see below for instructions.
If you want to remove a listing for an Original Work of Art from the Services contact Faigy’s Judaic Art Gallery by using the contact form.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Original Works of Art that you make available through the Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art (ii) The Original Works of Art that you make available through the Services nor Faigy’s Judaic Art Gallery use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.
If you submit listings for Original Works of Art, you are selling such Original Works of Art through the Services and on third party websites and sales channels (collectively “Online Sales”) and you hereby grant Faigy’s Judaic Art Gallery a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting Faigy’s Judaic Art Gallery, the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.
If an Original Work of Art are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and Faigy’s Judaic Art Gallery, these Terms will apply to the sale of such Original Work of Art.
Faigy’s Judaic Art Gallery and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Faigy’s Judaic Art Gallery Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Judaic Faigy’s Judaic Art Gallery and the third party website or Faigy’s Judaic Art Gallery Offline Sales partner, as applicable, to Faigy’s Judaic Art Gallery and share related shipping information, including the contact details of the purchaser where necessary, with Faigy’s Judaic Art Gallery.
Faigy’s Judaic Art Gallery will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Faigy’s Judaic Art Gallery , you will be responsible for shipping the purchased Work of Art directly to the purchaser. You agree to ship the purchased Original Work of Art to the purchaser within seven (7) days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled.
For sales of Original Works of Art via the Online Sales channels, Faigy’s Judaic Art Gallery will credit you via a check in the mail for the entire amount of the original art minus the credit card processing fee and a fee to Faigy’s Judaic Art Gallery to be separately agreed upon between Faigy’s Judaic Art Gallery and artist through verbal or written communication. If no fee was agreed upon there is a standard $10 fee due upon the sale of each and every Original Works. (collectively “Artist Revenue Share”). Faigy’s Judaic Art Gallery reserves the right to raise its fee at any time.
In the case of any dispute Faigys Judaic Art Gallery reserves the right to bring an action in a Bies Din. In addition, Faigys Judaic Art Gallery reserves the right to exclusively choose the Bies Din in which the action will be decided. The resolution of such Bies Din shall be final and non-appealable by the Seller.
Faigy’s Judaic Art Gallery reserves the right to decline posting on the site any art that it deems inappropriate or incompatible for any reason or no reason.