1. Introduction
These terms and conditions (the “Terms and Conditions”) include the contents of this web page https://ArtInThai.com/terms-conditions as well as the contents of several other webpages that are specified and incorporated below by reference.
The Terms and Conditions apply to the sale, by ArtInThai.com (“We,” “Us”) to you, of a “Product:”
- 1a. an “Original Work” (including, but not limited to, an original Painting, Illustration, Sculpture, or other art form, including visual, auditory, or performance art forms, and including any art form originally created in digital form)
- 1b. a “Reproduction” of an Original Work (including, but not limited to, copies, videos, 3-D visualizations, recordings, photographs, postcards, and prints of any size on any material including, but not limited to, paper and canvas)
- 1c. a “Digital Patronage” of an Original Work, defined here, or
- 1d. a “Backer Donation” for an Original Work, described here, or
- 1e. an “NFT” of an Original Work
created by the artist (the “Artist”).
1a-e are the currently defined “Forms” of the purchase. Other Forms may emerge in the future, and ArtInThai.com may incorporate them into these Terms and Conditions without notifying you.
For certain Forms of purchase, ArtInThai.com provides you with a “Physical Product” such as a painting or print.
2. Artist retains rights to sell and use Forms
2.1 By making this purchase, you understand and agree that the Artist and (by a separate agreement with the Artist) ArtInThai.com retain the right to:
- 2.1a sell the Original Work as a Product in any Form other than the Form you purchased, including the Forms described in these Terms and Conditions and also distinct future Forms which we may add to these Terms and Conditions later without notifying you, and
- 2.1b sell other Reproductions of and Backer Donations for the Original Work, regardless of the Form you purchased,
without notifying you and without compensating you in any way.
2.2 As one example of clause 2.1 without limitation, when you purchase an Original Work such as a physical painting, the Artist or ArtInThai.com may sell the same Original Work as a Reproduction, a Digital Patronage, for Backer Donations, as an NFT, and in distinct future Forms (as an example without limitation, whatever technology succeeds NFTs for selling art online), all without notifying you or compensating you.
2.3 You also understand and agree that, the Artist and (as part of a separate agreement with the Artist) ArtInThai.com have the right to display or distribute the Original Work (if you have purchased a Form other than the Original Work) or images or reproductions of the Original Work in any Form (including future Forms), offline or online, for any reason (including, but not limited to, in marketing and advertising material), without notifying you and without compensating you in any way.
2.4 By making this purchase, you understand and agree that the Artist and ArtInThai.com have the rights described in clause 2.1 and 2.3 regardless of any current or future intellectual property law or lack thereof. If the wording or interpretation of past, current or future intellectual property law does, or might by ambiguity, or might by its absence,
- 2.4a grant you rights (“Conflicting Rights”) that would prevent the Artist or ArtInThai.com from freely exercising their rights described in 2.1 or 2.3, you waive your Conflicting Rights in perpetuity.
- 2.4b require your consent in order for the Artist or ArtInThai.com to exercise the rights described in cause 2.1 or 2.3, you hereby give your consent in perpetuity.
2.5 You understand and agree that the fact that the Artist retains copyright to the Original Work in all its Forms (as explained in clause 3 below) would also be a sufficient condition to grant the Artist and ArtInThai.com the rights described in clause 2.1 and 2.3, but is not a necessary condition, because you have also agreed to clause 2.4.
2.6 From time to time, the Artist or ArtInThai.com may, at their discretion, contact you to inform you that they have used, or intend to use, an Original Work in any Form in any way. As one example without limitation, ArtInThai.com may contact you to let you know that a new technological Form has arisen and that ArtInThai.com will be selling an Original Work that you purchased in that new Form. The purpose of contacting you in this way is to set your expectations, retain a friendly and understanding ongoing customer relationship, and, at the discretion of the Artist or ArtInThai.com, give you a chance to purchase the Original Work in the new Form. By purchasing the Product, you already agreed that your consent was not required for this new use, as explained in clause 2.4 and 2.5. By contacting you in this way, neither the Artist nor ArtInThai.com waive any rights in this or any other Original Work or Product in any Form, even if the Artist or ArtInThai.com explicitly ask your consent during the communication, regardless of your response, and regardless of whether or not the Artist or ArtInThai.com eventually use the Original Work or any Product in any Form in the way discussed or implied during the communication. No communication or pattern of behavior can be construed to waive the rights of the Artist and ArtInThai.com.
3. Copyright and Moral Rights
3.1 Regardless of the Form of purchase, copyright in the Original Work shall remain the property of the Artist (or the Artist’s assignee, but for brevity and without loss of generality, for the rest of these Terms and Conditions we will assume the Artist has not yet assigned their copyright), and that copyright shall extend to the Original Work and Products in all Forms. No Form of reproduction or digital distribution shall create a new work for purposes of copyright.
3.2 This sale does not transfer or assign or license any copyright or other intellectual property rights to you.
3.3 You are purchasing the Product, but not the right to produce copies of the Original Work or Product (including photographs or other forms of online or offline reproduction thereof) for publication or do any other act restricted by copyright. If you seek such rights, you must contact the Artist directly.
3.4 You may not produce any image of the Original Work in any Form and may not, at any time, publish or submit for publication or reproduction any image of the Original Work in any Form to any third party, including any internet website for any purpose.
3.5 You shall take reasonable steps to protect the Artist’s copyright, including, but not limited to, making it clear in any venue where the Product is displayed (whether online or offline, whether by you or someone you caused to do so) that the Artist both created, and holds copyright to, the Original Work and all its Forms.
3.6 You shall not under any circumstances claim copyright to the Original Work or any of its Forms or lead others to believe that anyone other than the Artist (including no one) holds copyright to the Original Work or any of its Forms.
3.7 You shall not display, expose or transmit the Product or any image of the Product (regardless of who created that image) in online or offline venues where it is likely to be copied, scraped, or pirated, or where its copyright is in any way at risk. The burden is on you to diligently research whether a given venue is likely to put the copyright at risk, and refrain from exposing the Artist to that risk if so. ArtInThai.com will be happy to offer you advice about the safety of a given venue, but we make no representation or warranty of any kind as to the accuracy of our advice and it is ultimately your responsibility to protect the Artist’s copyright.
3.8 The copyright subsisting in all images and other materials (online and offline) produced for the sale of the Product on ArtInThai.com is owned by ArtInThai.com and such images and materials may only be used with our permission.
3.9 Regardless of the Form of purchase, the Artist shall retain moral rights in the Original Work and its Products in all Forms, including, but not limited to,
- 3.9a right of attribution (by example without limitation, you must always clearly announce and display the Artist’s name wherever the work is displayed) and
- 3.9b right of integrity (by example without limitation, you must not change the Artist’s work, destroy the Artist’s work without first asking if the Artist wants to take it back, or display, use, distort, or mutilate the work in a way that damages its meaning or that is prejudicial to the author’s honor or reputation).
No Form of reproduction or digital distribution shall create a new work for purposes of moral rights.
3.10 If you breach any of your obligations under clause 3, you agree that:
(a) the payment of damages will not be a sufficient remedy to compensate us or the Artist for your breach;
(b) we may, and the Artist may, apply to the court for an order to prevent you from continuing to breach your obligations under these Terms and Conditions; and
(c) we may, and the Artist may, contact the operator of any internet website on which the Original Work in any Form is being offered for sale or on which an image of the Original Work in any Form has been placed by you or at your direction, and instruct such operator, on your behalf, to remove any such offer for sale or any such image from any such internet website.
4. Due Diligence
4.1 All statements by us as to the authenticity, attribution, description, date, age, provenance, title or condition of the Product constitute our judgement and opinion only and are not warranted by us. We do not accept any liability as a result of any changes in expert opinion which may take place subsequent to the sale.
4.2 While we will on request explain the condition of the Product at the time of the sale and provide any information in our possession about condition for which you may reasonably ask, we will not be responsible for any subsequent deterioration of the Product, however occasioned, after the sale. We accept no responsibility with regard to the framing or hanging of sold Products; any work undertaken in this regard is at your risk. We accept no responsibility with regard to changes in markets or technology which affect the value of any of the Products.
4.3 All photographs, images, animations, videos, 3-D visualizations, advertising and specifications provided by us are issued or published for the sole purpose of giving an appropriate idea of the Product but do not purport to be an exact or complete reproduction.
4.4 You are responsible for satisfying yourself as to any statements made by us as to the matters set out in clauses 4.1, 4.2, and 4.3 above.
5. Payment
5.1 As soon as you click “Place Order,” we attempt to complete the full payment immediately, and the payment either completes in full immediately or fails in full immediately. ArtInThai.com does not offer any net payment terms, financing plans, deposits or down payments, or any similar partial or delayed payment mechanisms (though our online payment providers may offer such instruments to you separately from ArtInThai.com, and these are subject to the terms of a separate agreement between you and the payment provider).
5.2 On successful completion of payment, you will receive a receipt immediately in your web browser and also by email (but since email is unreliable, you agree that the confirmation in your browser binds you to the obligations in these Terms and Conditions; if there is any doubt about whether the payment completed, it is your responsibility to confirm directly by contacting us at info@ArtInThai.com). On an unsuccessful payment attempt, you will receive notice immediately in your web browser, and you might not receive any email.
5.3 No Cancellation: once your order has completed, payment is done immediately and we will fulfill the order for you. As we sometimes ship orders immediately, we cannot offer any guaranteed cancellation policy. If you contact us to cancel, at our discretion we may choose to honor that request and will transfer the original payment back to you, minus the various fees we have to pay both to accept money and to transfer the money back to you.
6. Sales of Physical Products: Title and Risk
6.1 As soon as you click “Place Order,” the purchase succeeds, and the purchase price is paid in full, you become the legal owner of the Product (but not its copyright: see clause 3). Upon such payment, you will be responsible for the Product and the risk of damage to or loss of the Product will pass to you. As explained in Packing, we will make all reasonable efforts to protect your Product from damage during shipping, but we are not responsible for any damage that occurs.
6.2 As explained in our Refunds and Returns page, which is incorporated into these Terms and Conditions by reference, ArtInThai.com does not accept returns and only issues refunds in the narrow case explained on the Refunds and Returns page.
6.3 It is your responsibility to secure sufficient insurance on shipment to cover possible damage or loss during shipment. In your Cart and during Checkout, you will see whether or not each shipping service you can select can insure the full value of the package or not. If no service can insure the full value, and you wish to insure to the full value, it is your responsibility to contact us to explore custom shipping options before your purchase.
7. Shipping of Physical Products
7.1 We will ship your Physical Products using your choice of a variety of shipping methods that you will see in your Cart and in the Checkout Page before your purchase. The methods you see listed depend on the items you are purchasing and the location to which you want to ship. The shipping fee for the method you choose is automatically added to the purchase amount. For each shipping method, you will see the expected delivery time, whether or not the method includes online delivery tracking, and whether or not the method can fully insure the value of the Physical Products or not. Here is an example (this is only one example for a shipment of a particular weight and size; actual shipping methods and prices vary depending on your order):
7.2 If none of the provided shipping options are suitable for you (for example, if no shipping method can fully insure the value of your shipment and that is important for you) then you agree to contact us at info@ArtInThai.com before your purchase so we can explore custom shipping options for you.
7.3 Expected Delivery Time Frame: the estimated delivery time frame listed on the Cart and Checkout Page does not include time that your delivery spends in Customs clearance leaving Thailand or entering the delivery country, which can be extremely variable and is beyond our control. The estimated delivery time frame also does not include the time between when you complete your order and when we bring your items to the relevant shipping company for shipment. We endeavor to ship within a few days, but cannot offer guarantees. We will let you know tracking numbers (if you have chosen a shipping method with tracking) so you can follow the progress of your items.
7.4 Customs Clearance: the price you pay on checkout does not necessarily include all government/import/export fees needed to complete the shipment (which could include, but are not limited to, any kind of tax, import or export duty or levy or fee, Customs clearance fees, inspection fees, storage fees) for export from Thailand and import to the delivery country. You are responsible for separately paying any such fees, and you are responsible for working with the relevant government agencies and/or delivery firms to pay the fees so that the shipment can complete. We will include your provided contact information in the shipment so that the relevant government agencies or delivery firms can contact you, and on your request we will share with you any tracking numbers or company contacts that we have that may assist you in this task. To find out if a given delivery method already covers all such fees, consult the website of the delivery company/agency shown in the Cart and Checkout Page. Many delivery services do cover all such fees, but policies do change over time and you are responsible for checking the current policy before your purchase.
7.5 Delay, Damage, or Loss: In case of delayed delivery for any reason (due to Customs or any other reason) we are not responsible and will not compensate you. To protect yourself from the possibility that the Physical Products are damaged or lost in transport, as explained in our Refunds and Returns page, you are expected to secure sufficient insurance on shipment to cover possible damage or loss during shipment. Contact us at info@ArtInThai.com before your purchase to discuss any special needs.
8. Sales of Digital Patronage and Backer Donations
8.1 As explained in our Digital Patronage and Backer Donations page, which is incorporated into these Terms and Conditions by reference, by becoming a Digital Patron you are making a donation which gives you an honored position on ArtInThai.com that is exclusive for the Original Work that you have sponsored, as well as various thank-you gifts, all to thank you for your generous support of independent art.
8.2 Digital patronage is exclusive only in the sense that your chosen identifying donor name (or “Anonymous” if you prefer), and only your name, will be featured as the Original Work’s sole digital patron on the page of ArtInThai.com that shows the Forms of the Original Work (example of such a page: https://artinthai.com/gallery/sa-ard-nilkong/queen-of-fruit/) for the lifetime of the website ArtInThai.com. Your digital patron status will be featured more prominently than backer donors and purchasers of NFTs. Only your listing will feature a thank-you video from the Artist and only you will receive the thank-you gifts described in Digital Patronage and Backer Donations. Digital patronage is not exclusive across Forms; see clause 2.
8.3 For both digital patronage and backer donations, we will contact you by email after purchase to collect your desired identifying donor name to publish (if any) and, for digital patronage, arrange delivery of any thank-you gifts that interest you.
8.4 We make no representation or warranty of any kind as to the lifetime of ArtInThai.com, but will make reasonable efforts to keep the website functioning even at times when all one-of-a-kind Products are sold out.
9. Data Protection and Privacy
As explained in our Privacy page, which is incorporated into these Terms and Conditions by reference, ArtInThai.com stores limited non-payment information using cookies in your web browser and stores your non-payment contact information for purposes explained there. ArtInThai.com’s payment providers may collect, hold, control, use and transmit personally identifiable information obtained from you in the course of your purchase of the Product. By agreeing to these Terms and Conditions, you agree to such information being used in these ways.
10. Liability of ArtInThai.com
We make no representation or warranty of any kind whatsoever, express or implied, in connection with any Product in any Form. ArtInThai.com and its officers, directors, employees, shareholders or agents exclude all liability (whether in contact, tort or otherwise), to the fullest extent permitted by applicable law, for any loss or damage that may result to you or a third party in connection with any Product in any Form.
No agreement may be cancelled by you. You shall on demand indemnify and keep us indemnified in full against all loss, costs (including legal fees and court costs) and expenses incurred by us as a result of the agreement being breached in any way in full or in part by you. We may, but are not obliged to, mitigate our losses, liabilities, costs and expenses.
11. Rights of Third Parties
No person other than you and ArtInThai.com have any rights under these Terms and Conditions other than in respect of clauses above that confer a benefit on the Artist or their copyright assignee.
12. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with Thai law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Thai courts.
13. Entire Agreement
These Terms and Conditions, including the terms explicitly included in this agreement by reference in other clauses, constitute the entire agreement and understanding in relation to the sale and purchase of the Products identified on the checkout page (the “Invoice”) for the price stated on the Invoice (being the agreed price for the sale of the Products to you) (“Price”). To the fullest extent permitted by law, no other terms express or implied shall apply. We confirm that to the best of our knowledge we either own the Products or are authorized to sell them on behalf of the Artist or other owner. If you wish to rely on any variation of these terms, you must ensure that this has been agreed by us in writing.
14. Severability and Waiver
If any provision or part-provision of these Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms & Conditions. A waiver is only effective if it is in writing.