Terms and conditions
(subject to change if deemed necessary)
These terms and conditions apply to all brands and names stated below as well as future brands, logos, companies, websites and names created by Philip Seibel and associates
My-Print.ch / Art Relive / Living Gallery/Philip Seibel
Above brands and persons here on specified as “host”
Section 1
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Customer
As a customer of Art relive/Living Gallery, my-print.ch/ Philip Seibel, formally referred to as “host” you agree to the following terms upon any and all purchases from the host, affiliates, websites, shops and any here not mentioned future brands and shops created by Philip Seibel
You recognize that you are purchasing a custom-made product. The products the host and his staff and artists create, are done to the highest level of quality possible for the technology.
We strive to make sure that our products are made to the best of our resources and abilities
Because these products are custom made pieces of art, we can accept no returns or reimbursement once the order has been manufactured.
To be sure that you have ordered the correct size, please inform yourself in advance if you are not sure what size to order. We will be more than happy to help
Be advised that a printed piece of art will affect the washing and ironing.
To make sure your garment will last a long time please be advised to do the following
Only wash your garments inside out at 30 degrees Celsius
Use a light spin cycle
Do not tumble dry
Use low heat when ironing and do not iron on the side bearing the print
Should for some reason the print start to peel off, you can set your iron to 160 degrees Celsius and place a piece of baking paper on top of the peeling area. Now press the pre-heated iron firmly on to the covered area for about twenty seconds. This will remelt the glue and cause the print to stick again to the textile.
Normally however, this should not be necessary.
The host declines any responsibility to the customer in case of bodily injury, rashes, allergic reactions or any here not mentioned damages or health issues a customer may have upon contact or wearing of our products. Our products are non-allergic and safe to use. However, since it is impossible to declare this with 100 percent guarantee, we must include this statement in the terms and conditions of your purchase
If you supply your own artwork to be printed, you must be the sole owner of the art. It is forbidden to replicate copyrighted images without consent or license of the owner.
Should you, the customer, falsify information leading to a complaint or lawsuit from a third party, you will be held solely responsible
You the customer, are not allowed to send us images to print that are racist, illegal, hate speech, or showing minors in any state of nudity. The local laws are applicable in any case.
We, the host, reserve the right to refuse without explanation, any print request that may put our company in jeopardy or that we deem to be massively inappropriate
We hope that you, the customer, will enjoy your product and we will always try to fulfil your requests to your utmost satisfaction.
Thank you for your purchase
Philip Seibel and crew
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Section 2
Collaborating Artists
Dear artist. Thank you so much for participating in “Living Gallery by art relive”
My goal is to create a worldwide network of wonderful artists and art. People like you and me who have seen the best and worst of humanity and want to share our strength, endurance and lust for life with others.
Art-relive is about exactly this. We learn to live through art. We relive our fear, hurt, joy and overcoming with every splash of the brush, sketch of the pencil and stroke of the hand.
Art is more than a static piece hung on a wall. It is alive, conscious and breathing all around us. When we consciously transform ourselves into a “living gallery” we provoke thought, and interject meaning, chaos and anarchy into a mundane society that only too often is revolving around making money and gives more importance the quantity of possessions rather than the quality of life for each and every one of us.
My goal is to create a network of artists that support each other. Where every artist can gain followers and recognition far beyond their own immediate region of the world. We all give and we profit from one another. Every time you send a fan of yours to our shop, they might not just buy some of your artwork but they may also discover other artists they like. This is true of course for the fans of other artists that discover you through our website.
In order to create a transparent and agreeable work environment for all participants, we will agree to the following terms and conditions. In an ideal world this would not be necessary but because I am a small-time entrepreneur that has struggled for decades, I must also protect myself from frivolous lawsuits etc. that would waste everyone’s time and energy.
1: Any artist wishing to collaborate with host shall upload their art on to google drive or similar platform. Once artwork has been uploaded to the website, these terms and agreements automatically self-validate between the artist and the host. There is no need for written and signed contracts because the following mutual agreement is proven by the artist’s action of participation and the host’s agreement to collaborate by uploading the artist’s artwork and the sale thereof. This is proof that the actions of both artist and host were mutually consensual at the time of first interaction. Any future claims that state otherwise is void and bear no legal precedence.
2: The host has the right to refuse art pieces in whole or partial and remove art from any artist if the need arises without compensation or explanation. The artist confirms without doubt that all art works submitted are solely owned by the artist. Copies of other artworks must be declared as such and the source material must be provided so that the host can research as if the creator of the original material allows their art to be replicated etc…
3 Both the host, and the artist are aware that any art submitted by an artist is the sole intellectual property of said artist. The artist will be entitled to a commission from art pieces sold / reproduced once the money from the sale has been received by the host. Payments will never be made in advance.
The artist is ultimately responsible for
A: Advertising their own products displayed on the host’s websites and social media
B: Driving traffic to the website by mentioning that their art is on sale via social media, word of mouth etc.
C: Not plagiarizing art that is not their own creation
D: Liability towards third parties should a third party complain that the art they have provided has been illegally attained or copied in any manner whatsoever. Partial or interpretive replications included.
(Addendum: As far as I know, the only exception to copyright laws is to replicate something in a satirical manner. As to make fun of the original work as long as it is remarkably distinguishable from the original art and bears no intention of being mistaken for an original)
Quotes in brackets serve no legal precedence and may not be used against the host. Each artist is responsible to know the local laws of the country they reside in. The host absolutely denies any responsibility towards an artist or third parties arising due to any and all copyright lawsuits or other legal costs and challenges
The host refuses any liability towards the artist should there be fewer sales than expected. The host will hold accounting for each sale made and proof thereof will be provided to the artist maximum once a month. If no sales are generated for a particular month, the host is not obliged to inform the artist. You will receive notification within 30 days if a sale has been made.
4: The artist allows the host to make alterations to their artwork in terms of color corrections for printing purposes or to create matching color schemes for flyers, promotional tools, web design and all other commercial tools. The host is further allowed to collage artworks from different artists for example to design wearables, accessories and garments of any type and also for promotional tools on social as well as other physical and digital media such as photoshoots, videos, websites, flyers, brochures etc. Any artist featured will be named in the product or credits. Once a product has been created the person or persons involved will be informed of the new creation. You the artist then have a period of 24 hours to interject any complaints or issues you might have with the product created with your art. Failure to do so after this period will automatically assume that you are content with the product and the product will go on sale. Once the product is on sale, changes, complaints or alterations of any kind will no longer be considered. The host endeavors to create beautiful wearables that will draw people’s attention and sell well. The host will therefore use the artworks as appropriately as possible to this end.
You the artist, may of course make suggestions and designs for wearables to be sold. If the host likes your idea, it will be accepted. Please understand that the host may not have the time or capacity to engage with you or take every idea into consideration. If you do not hear back from the host, please assume your idea was not taken into consideration
5: The artist will receive a commission for any art pieces used in partial or whole once a product bearing said art work has been sold. A collaborating artist will not be paid a commission or reimbursed for the display of their art on any websites involved with the host, flyers, social media or brochures. This unless the artist’s content is bought and paid for i.e., by third party sales for digital marketing, where the host generates a revenue directly linked to the collaborating artists work. This is not the case if the artist relinquishes involvement or if the host has terminated the working relationship with the artist due to misconduct, insults or otherwise disruptive behavior. The same holds valid if an artist circumvents the host by printing elsewhere or selling other artists work without prior consent.
The host will allow an artist to print their own garments locally, if the cost of shipping is far greater than the cost of printing in the country of the artist. The artist will find an agreement with the host so that the items will still be sold in the host’s online store. Specific links will be generated to make the customer aware that they are purchasing a product that is not printed in Switzerland but locally as to not cause confusion and/or issues with the quality.
The host will cover the initial printing costs and deal with all sales in the manner of print on demand. This means only when a sale has been verified, will the host release the commission to the artist as well pay directly to the local print company the cost of printing and shipping.
6: Once a collaboration has ended, it is up to the host to continue or discontinue merchandise and sales, bearing the art of the discontinued artist. Should merchandise from the discontinued artist still be sold after termination, the artist will receive royalties limited to physical sales but not any revenue from digital marketing.
7: If a collaborating artist assists in a project with other artists given in commission by the host, the intellectual property of the project remains solely by the host/ group. Any compensation must be agreed in writing beforehand or it will be considered pro bono.
8: It is absolutely forbidden for the artist to replicate, display or sell any artworks from other artists featured by the host without written consent by the host and the other artist. Doing so will result in immediate termination and forfeiture of any and all sales commissions following the termination
9: A collaborating artist will provide a picture or a self-portrait for the website and one or two paragraphs about themselves for the website gallery.
10: All collaborating artists will receive a discount on merchandise of up to 25% of the hosts net profit should they order items for personal use. This discount also negates the commission normally paid to the artist from a sale. This is not extendable to friends and family. Should an artist wish to give friends or family a discount the resulting difference in revenue to the host will be subtracted from commissions earned by the artist. This is only possible if the artist has outstanding commission fees that the host can subtract from.
11: Any and all sales, from art pieces submitted, may only be printed and sold through the web shop/s of the host or as above-mentioned, third-party print companies that the host has agreed to. This is because all art pieces are part of a brand recognition titled “art relive” and/or “living gallery”.
The artist is free to create other artworks and sell them independently of the host. Solely artwork displayed on the website and sold as merchandise may not be duplicated, printed or sold without prior permission of the host.
This rule is due to the immense cost of time and labor involved in digitalizing an artwork and/or preparing it for print, uploading it to the website, gallery, garment design for the shop etc. The host considers these terms to be fair, considering that the artist is provided with a free tool to market and sell their art as well as receive considerable online and social media exposure from their participation. This without any costs of web hosting, necessary knowledge of photoshop, web design and costs of maintenance and investment in infrastructure such as dtf printers, heat transfer press, storage and purchase of bulk materials, office space, etc.
Thank you for your collaboration
All legal disputes are to be settled in the court where the host is legally registered
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