Our mission is to promote artistic talents through the creation of art themed products. This policy is intended to demonstrate our interest and our efforts to be as transparent as possible in order to create and maintain harmonious relationships between Lalita's Art Shop and its ARTISTS.
The following general conditions apply to all ARTISTS and other creators who are using our website (www.lalitasartshop.com) to make their works of art available for use on our products. It is important to note that this policy is in addition to our Policy of Use for our website.
These terms and conditions apply to all works of art, graphic designs, illustrations, photographs or other images that "you”, the ARTIST, uploads or makes available to Lalita 's Art Shop.
INTELLECTUAL PROPERTY AN COPYRIGHT
Lalita's Art Shop allows the ARTIST or Creator to promote their ARTWORK by making it available for us to use on our product lines. Lalita's Art Shop will respect your work and expects that you will respect the copyrights and all intellectual property of all other persons (legal or natural). In the event that you make a work of art available to us while disregarding any or all of the clauses explained in this document, and that a person or company files a complaint against Lalita's Art Shop, you will indemnify us against all judgments, loss, damage, liability and all costs associated with the complaint (legal expenses, travel expenses, etc.).
It is therefore essential to make sure that you comply with all the following conditions before making your work available to Lalita's Art Shop:
The ARTIST (illustrator, designer, creator) is responsible for ensuring that their work does not infringe on any law, copyright or intellectual property.
The ARTIST is also responsible for holding all intellectual property and copyrights of the works they make available to Lalita's Art Shop and all its manufacturing, distribution and merchandising rights. Lalita's Art Shop does not control and is not responsible for assessing content and accuracy that conforms with the rules of intellectual property, the offered products and their safety.
In addition, Lalita's Art Shop cannot guarantee that third parties (suppliers, artists, etc.) have obtained all rights or licenses in respect to the above-mentioned points, and cannot be held responsible.
Lalita’s Art Shop recognizes that you are the owner of your works of art and we are committed to respecting the conditions for the following uses:
You allow Lalita's Art Shop to use your ARTWORK, giving us the right to reproduce your ARTWORK:
1. to create exhibits or products bearing the image (ARTWORK, graphic design, photography or other).
2. to make changes to electronic files downloaded to adapt the image to the different templates used for creating products.
3. for promotional purposes for our company, on our website or elsewhere and this, in all forms of media for advertising purposes.
4. Unless there is a contract to the contrary between you and Lalita's Art Shop, if one of your works of art is selected, Lalita's Art Shop will have exclusive rights to reproduce the work of art on clothes, accessories, games and every product offered by Lalita's Art Shop. In other words, we ask that you not supply the same images to other suppliers. You will continue to hold the copyrights to your works of art but Lalita's Art Shop will have the right to reproduce your works of art on their line of products.
In addition, Lalita's Art Shop reserves the right to modify its product line, without prior notice.
If you want to end your partnership with Lalita's Art Shop, please contact us directly so we can make proper arrangements.
Lalita's Art Shop will liquidate its inventory of products bearing your artwork and will no longer produce new products using your ARTWORK unless a product order was placed before breaking or ending the partnership.
You will continue to receive royalties until the products bearing your artwork are out of stock.
If your ARTWORK is already being used for promotional purposes or advertisements when your partnership with Lalita's Art Shop is severed, we will continue to do so until the advertising campaign in question is complete.
Royalties are calculated by a fixed amount per item accepted by both parties, the ARTIST and Lalita’s Art Shop.
All royalties are calculated in Canadian dollars (CAD).
The current amount of your royalties is:
- $ 0.50 per puzzle sold,
- $ 0.75 per beanie sold,
- $ 0.55 per POLAR multifunctional tube sold,
- $ 0.45 per multifunctional tube sold,
- For the illustration of a game, the royalty will be calculated at the time of its creation.
- For collaborative projects (projects requiring collaborative efforts of several artists for a product), the royalties will be divided among the artists according to the percentage of work performed by each of the artists who participated in the collaboration.
The ARTIST or Creator will receive their licensing fee once Lalita's Art Shop is paid for the goods sold and when the exchange period and warranty period expires, so 45 to 60 days after the sale of a product. In other words, no fee shall be disbursed in the case of exchanged or returned merchandise that bares your artwork.
Lalita's Art Shop reserves the right to change its prices at any time without prior notice.
Lalita's Art Shop also reserves the right to modify royalty amounts, but will notify the ARTIST 30 days before the date of the rate change. The notification will be sent by email to the address provided to us in your account.
The new royalty rate will be applicable on sales beginning on the date stipulated in our notice to you.
Unfortunately, you, the artist will not receive any royalties for any products bearing your ARTWORK that is used for promotional purposes (samples, advertisement using any medium, etc.).
In other words, royalties will be calculated and paid based on actual product sales of products bearing your ARTWORK.
The procedure for the payment of fees shall be as follows:
Lalita’s Art Shop will issue a statement of accounts with the cumulative sales of products displaying your ARTWORK within a given period.
The ARTIST will then issue an invoice to Lalita’s Art Shop for payment. If the ARTIST has a tax number, they will be required to charge the applicable taxes to the balance of their royalties.
It is also the ARTIST’s responsibility to ensure that their tax numbers appear on the invoice that they provide.
If the ARTIST, does not have a tax number, an invoice without the inclusion of taxes is to be provided.
The ARTIST or Creator will receive their royalties once Lalita's Art Shop is paid for the goods sold and not until the exchange, refund and warranty period expires.
By partnering with Lalita’s Art Shop, the ARTIST agrees to be an ambassador for the brand.
As Lalita’s Art Shop will promote you, the ARTIST and your work, we ask in exchange that you, the ARTIST do the same.
Lalita's Art Shop asks of the ARTIST to:
• promote, feature and share Lalita’s Art Shop within their communities
• create content on at least one social media platform of their choice (Facebook, Instagram, Twitter, YouTube, LinkedIn, etc) posting a minimum of 2 publications per month,
• share Lalita’s Art Shop publications within their communities, regardless of whether the ARTIST’s own artwork is featured. Sharing posts can also be within Facebook’s or Instagram’s “Stories,”
• always tag Lalita’s Art Shop with @lalitasartshop #lalitasartshop and #latelierdelalita.
When launching collections, new products or advertising campaigns on our products, Lalita’s Art Shop will ask the ARTIST, to share the publications of Lalita’s Art Shop to your network and to increase the number of publications to your different communities.
In the event of a terminated partnership, the ARTIST agrees to never post or broadcast anything negative or defamatory about Lalita’s Art Shop.
REMOVAL OF WORK
Lalita's Art Shop reserves the right, at any time and without notice, to remove any ARTWORK from its website and production line. If this occurs, Lalita’s Art Shop will notify the ARTIST by email at the address provided to us and the ARTIST will receive any royalties owed as outlined in these terms and conditions.