1.1. The artist, once he has register as a member of FLECHA, can upload original artworks, as well as images with the technical conditions that we impose, of images of which he has intellectual property rights and/or sale and/or reproduction, for the purpose of display or exhibition and sale. To this end, the artist will have to complete the data asked in each case regarding the artwork to exhibit and/or sell and/or reproduce.
1.2. The information regarding each work must be accurate and complete and it will have to comply with the content guidelines available in www.flecha.es. FLECHA reserves the right to edit information concerning art works to ensure compliance with these guidelines. The Artists are subject to prior restraint and curatorship, which means that artworks will not be visible and, therefore, will cannot be searched within a maximum period of 7 calendar days. The artworks are equally subjected to prior restraint and curatorship, so they will not be visible or subject to be searched within 48 hours after they are uploaded. FLECHA reserves the right to approve and publish an artist, all or part of his work or to withdraw a previously approved artwork without having to justify its decision, exempting the artist FLECHA of any liability regarding this matter.
1.3. FLECHA reserves the right to promoting and commercializing original artworks and/or reproductions, through the modality of “special sales” or “discounts”. The percentage of the discount or sale will be applied to the selling price of the original artwork and/or reproductions.
1.4. In no case, the artist may display and/or sell artworks if he is not the author or does not have the artwork-accredited rights. Violation of this obligation will involve the web removal of the original works images and the immediate withdrawal of the Artist as a member of FLECHA. Similarly, the artist authorises, without limitation, that FLECHA, under its sole discretion and without justification, can remove the works on display and/or sale of the web, waiving any claim for damages that may correspond. FLECHA reserves all actions against the artist that has uploaded false material or material of which he is not the owner of the intellectual property rights of all kinds.
2.1. By uploading works for sale and/or reproduction, the artist designates FLECHA as an independent non-exclusive distributor with the rights to resell such original artwork through the Web Site. To this end, the artist gives FLECHA a non-exclusive license worldwide, transferable, and with the right to sublicense in the following terms: (i) use, reproduce, distribute, perform and display publicly copies of the original artwork, through online sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, perform and display publicly and transmit images and copies of the original artwork in any form, media or technology now known or later developed with the purpose of promoting FLECHA, the site or the services. The Artist acknowledges and agrees that the license fees foregoing are given for free and that his only compensation for the grant of such rights, if any, will be offset by the exhibition of the artwork in FLECHA and participation in the income that will result of the sale of the art pieces through FLECHA.
2.2. FLECHA may designate one or more subcontractors, who may exercise the previous license rights in order to enable it to process and fulfil reproductions orders.
2.3. FLECHA will be in charge of billing the original artworks and reproductions acquired through online sales channels. Regarding this matter, FLECHA and/or its third party providers will process and receive the payment of the sold artworks and will manage the collection of the work and its final transport/delivery to the buyer.
2.4. The Artist will be responsible for delivering the original work of art to the carrier for it’s shipment to the buyer. The Artist undertakes to pack the art work according to the instructions established on the packaging guide alocated in the web and must have packed the artwork within the next seven days after the date of purchase (the "Submission Period"). If the artist does not fulfill this exact period, the purchase can be canceled by the buyer. The Artist is responsible for providing the artwork’s exact or approximate weight (once it is packed), its dimensions and the adress to wich the carrier must go to collect the art piece. If it is found that the weight, size or address vary or differ from those provided by the artist, FLECHA reserves the right to deduct the increase in shipping costs from the liquidation of the Artist. The Artist undertakes to comply with the rules regarding packaging that are visible in the footer. Failure to follow these rules can result in a penalty equal to the price of the sold artwork in case of claim by the buyer. In addition, this breach may exclude shipping insurance all risk coverage.
2.5. FLECHA will be responsible for billing and processing customer payments. Once the repayment period (defined in the purchasing conditions) is over and if it’s provided that the payment has been received and not been refused by the client, FLECHA will issue a liquidation for the Artist in which it shall identify the sold original works and reproductions deducting a commission of 35% on the selling price applying the correspondent taxes. The Artist expressly authorizes FLECHA to receive on their behalf the amount of money resulting from the sale and to deduct the fees. In the case of reproductions, FLECHA will settle the artist’s rights monthly.
3.1. The artist recognizes and accepts that he is the only author and/or owner of the copyrights and public distribution rights regarding all the original artworks, or works intended to the sale of reproductions that he may make available in the platform. Consequently, the artist ensures that: (i) he is the creator, exclusive owner, and the only and exclusive owner of all the intellectual property rights regarding the original artworks that are made available through the web; (ii) as to those artworks intended for reproduction, the artist is the creator and exclusive owner of all intellectual property rights counting, if necessary, with all the rights, licenses, consents and permissions to give FLECHA the power of reproduction; and lastly, (iii) none of the artworks uploaded in the platform and its exploitation in the terms contemplated in these terms and conditions will infringe or violate patents, copyrights, trademark, violate privacy, breach confidentiality agreements or other intellectual property, privacy or publicity rights, or any applicable law or regulation.
3.2. THE ARTIST will hold harmless FLECHA against any claims or complaint coming from third parties that may ensure violation of intellectual property rights or the use of material needed for providing services. In the case of reclamations against FLECHA for a matter of infringement of industrial or intellectual property rights, the ARTIST will assume litigation costs and those related to damages caused to FLECHA, as long as FLECHA has notified the artist of the existence of this reclamation.
3.3. THE ARTIST understands that online sales entails the possibility coming from the buyer to refuse the purchase without reason within 14 days of receipt, and therefore, agrees that such artworks will not be liquidated/paid. Likewise, those artworks sold through flecha.es that are returned due to quality problems, conservation issues, lack of correspondence between the image displayed on the web and the delivered artwork, or the poor state of the artwork due to handling or improper packaging will not be remunerated or liquidated. In this sense, FLECHA will hold back the expenses caused by those refusals or returns. The artist accepts in this act that FLECHA will deduct them in the payements.
4.1. The personal data, supplied from FLECHA to the ARTIST, for managing shipments, would be the strictly necessary for the remission and billing of the artwork. Therefore, this information should be applied or used exclusively for the fulfillment of these purposes and treated in accordance to FLECHA's instructions, consequently, it cannot not be transferred or given to third parties under any title not even for conservation purposes.
4.2. The artist must adopt the neccesary technical and organizational measures, especially those established by the spanish Royal Decree 1720/2007, of 21 December through which the protection of personal data approving the Regulation implementing Law 15/1999, of December 13 is approved, about protection of personal data, to ensure the security of personal data and prevent alteration, loss, or unauthorized access, given the state of technology, the nature of the data supplied and risks they are exposed, whether from human action or physical or natural environment.
4.3. The ARTIST must follow all the instructions established by FLECHA regarding the data processing for the contract execution. Upon the completion of the services established in this contract, the artist must return the personal data that are not necessary for billing management and tax returns. In cases where such return is not possible or technically burdensome, the affected data as well as any support, bearer or documents containing any personal data must be destroyed by a procedure gifted of the maximum guarantees, without keeping a copy of them, and without any external physical or legal person having access to the data. Likewise, the ARTIST must certify these circumstances to FLECHA.
4.4. THE ARTIST assumes responsibility for that the personal data will be handled only by those employees whose intervention is strictly necessary in terms of provision of services and must obtain from them the corresponding confidentiality agreement.
4.5. THE ARTIST consents all the audits that FLECHA may consider necessary regarding the submited files containing the personal data.
4.6. THE ARTIST will be responsible for as many penalties, fines or claims derived from losses or damages arising from a breach of as set out above and will have to return FLECHA the correspondent amounts derived from them including legal, extralegal or any costs that FLECHA´S defence may cause. All this regardless of whether such breach is considered contract grounds for termination.
4.7. An artists failure of the obligations established under this clause will be considered as an immediately cause of exit from the platform, without prejudice of compensation for damages that may be incurred in accordance with the provisions of the preceding paragraph and subject to the penalties established.
On occasion, we offer promotional discounts as an< incentive for new and returning collectors to explore the constantly updating selection of artwork on our site. We find that offering promotions from time to time allows artists to gain the attention of collectors previously unaware of their work and a better chance to make future sales.
The discount codes typically given tousers will be between 5-20% on original works, and we won’t offer discounts for art prints sales.
We also provide services for professionals, who will have a 15% discount.
If you sell an original work and a discount code is been used, fleche.es will asume the 50% of the discount, and the artist will assume the other 50%. It is important to remember that fleche.es works with a 35% of commission, however, even if a discount is applied, you, as an artist, will be earning more than if you were to sell through another gallery that takes 50% commission.
It's also important to note that during your initial sign up, you agreed to the following condition.
flecha.es reserves the right to promote and market Original Works of Art
We thank you for your understanding and for being a part of the FLECHA’S community!