Terms and Conditions Agreement
You wish to use Canvas Freaks’ 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 www.CanvasFreaks.com ("the website"). Canvas Freaks will provide these services on the terms set out in this Services Agreement. Additionally, Canvas Freaks will provide for the delivery of such products to the customer.
ALL AGREEMENTS RELATED TO ARTIST SERVICES
- Artist Services
1.1 Canvas Freaks, 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 Freaks will arrange for third parties to fulfill those orders by facilitating payment for and manufacture of your products (“Services”). Canvas Freaks will then arrange for the delivery of your products as per the customer’s instructions.
1.2 Canvas Freaks will provide the Services pursuant to this agreement until termination in accordance with its terms.
1.3 You agree that Canvas Freaks 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 Freaks 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 Freaks 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 Freaks 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 Freaks’ fee for hosting the marketplace and facilitating the transaction (the manufacturing fee and Canvas Freaks’ 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 Freaks 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 Freaks (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 Freaks 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 Freaks 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 Freaks under the customer’s instructions.
- Payment terms
4.1 You authorize Canvas Freaks to collect, hold and distribute the retail price (“sale proceeds”) from customers on the terms set out in this clause 4. Canvas Freaks 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 Freaks to deduct the base amount (which includes Canvas Freaks’ 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 Freaks has current details of your postal address and bank account details. Canvas Freaks 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 Freaks of any amendment to the payment method details in that time your margin proceeds will be forfeited to Canvas Freaks 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 Freaks will not collect or pay taxes on your behalf as Canvas Freaks 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 Freaks 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.
- Indemnity
6.1 You hereby indemnify and will keep Canvas Freaks 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 Freaks 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.
- Terminating this agreement
8.1 You can give notice of termination of this Services Agreement by closing your account in the method described in the User Agreement.
8.2 Canvas Freaks may give notice of termination of this Services Agreement to you in writing at any time.
8.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Services Agreement. Termination of this Services Agreement will take effect once these transactions have been completed.
8.4 Upon termination of this Services Agreement by either party, Canvas Freaks will pay you any accrued member margin proceeds from your account.
ALL AGREEMENTS RELATED TO CUSTOMER SERVICES
- Post Purchase Discount Use
1.1 The post-purchase discount allows customers to use a 30% off discount code to complement their original purchase. This discount code is offered for only 1-2 hours after an original purchase is placed. We offer this discount because we LOVE our customers and want to give them amazing deals!
1.2 This discount code can be applied to a second order only. However, it CANNOT be applied to the original order. There are marketing costs associated with bringing visitors to our website. The 30% code is available to customers only because they’ve already purchased an original order for full price or a slight discount. Since the first order covers the marketing costs, we can AFFORD to give our customers an amazing 30% off on their second purchase.
1.3 If you replicate your original order with the second order and use the 30% off code. We CANNOT cancel the first order for you and allow you to keep the second order. Unfortunately, both orders will be voided. We simply cannot afford to give a 30% discount on our product up front.
1.4 If you place a second order using the 30% off code for different products, and then cancel your first order, we cannot accept your 30% discount code for the second order. This 30% discount code ONLY applies if you keep your original primary order.
1.5 Agreement 1.1 - 1.4 is VOID in the occurrence that you receive your original order and the product arrives to you damaged or with pixelation issues. If you're returning your original purchase for a very legitimate reason, then we can definitely understand and allow you to keep the second purchase for 30% off.
Note from Canvas Freaks: We understand that our customers are very intelligent and will search for bargains wherever possible. We, at Canvas Freaks, are very generous with our discounts. We want our customers to have the best possible experience. Please do understand that we have many costs associated with our products and simply cannot afford to give 30% off on a purchase without a preceding purchase which covers the marketing costs. This is not us being greedy, we promise. We simply cannot afford it.
2. Custom Orders
2.1 You hereby indemnify and will keep Canvas Freaks 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.
2.2 Copyright: You hereby claim all copyrights and intellectual property rights to the images that you upload for us to print.
2.3 We will not resell any images you upload to our website for custom printing. It is meant for you and you only.
3. Relating to Shipping and Estimated Delivery
3.1 Under all products on our website you will see a small section that shows your estimated product arrival date if you are to purchase the product "today". This likelihood of you receiving your product purchase by this date is extremely likely for US customers. In most cases (90% of the time) you will receive your product on or before this date. Unfortunately, due to holiday volumes and certain product manufacturing times, there may be a slight delay at times. Most often these delays occur with custom/personalized products that need additional customer approval before production or international orders. This delay will not be substantial. At most, it will be a 1-3 day delay. If it extends beyond that, there is very likely a shipping issue with the shipping carrier. Reach out to us immediately at info@canvasfreaks.com and we will resolve any issues for you as soon as possible!
3.2 All International Customers outside of the USA are responsible for paying their own customs duties/taxes/VAT. We are not responsible for paying customs duties for you. We do not collect them at the time of your purchase, so you are responsible for paying your government! A refusal to pay customs duties/taxes for a custom product that returns to us will not result in a refund for you. All of our products are made to order. When we receive a custom order, we are not able to resell it so we cannot refund you.
