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1.1 We are delighted to have you as an artist on Project Art-The Social Arts Market™, a platform on www.projectart.com (the “Website”) on which you, as an artist, are able to sell your artwork directly to buyers. The Website is operated by The Social Arts Market Limited, a company registered in England and Wales with company number: 09724795 and registered address 27 Old Gloucester Street, London, England, WC1N 3AX.
1.2 We act as an agent on your behalf in the sale of your artwork to buyers. When a buyer purchases an artwork, the buyer purchases the artwork directly from you.
2.1 The agreement between us consists of the following:
2.2 You should review all of these documents carefully. By clicking “I Agree to the terms and conditions” during the registration process, you agree to be bound by the conditions set out in these documents.
3.1 Please upload an artist’s statement on the Website.
3.2 You confirm that the information you provided to us when you registered with the Website is correct and accurate.
3.3 You agree to keep us regularly updated on any changes to this information.
3.4 You agree to keep your log-in information confidential, and will not allow anyone else to use your personal log-in details. If you have reason to suspect that anyone has access to your details, please let us know as soon as possible.
4.1 We will be responsible for making the Website available to you.
4.3 We will provide you with live insights and feedback about the popularity of your artist profile and your artwork.
5.1 You need a PayPal account in order to sell your artwork with us – so you can get paid. If you have difficulties setting up a PayPal account due to where you are based, please contact us.
5.2 You confirm that all artwork you sell on the Website is solely designed and/or made by you. You confirm that you alone own all intellectual property rights and/or any other applicable rights throughout the world in any artwork that you place on the Website, unless other ownership is specifically disclosed in the description of the artwork on the Website.
5.3 You retain all ownership of the intellectual property rights and any other applicable rights in the artwork. The buyer does not obtain ownership of intellectual property rights in the artwork upon purchase.
5.4 You agree to cover all costs, expenses, damages and other liabilities incurred by us, in the event of a claim or action either brought or threatened that any of your artwork listed, sold and/or resold on the Website infringes the intellectual property rights of any third party. You agree to let us know if you have reason to suspect that any such claim is to be made.
5.5 We will let you know if we receive notice of any such claim, and will consult with you as to the best action to take. You will be responsible for handling any such claims.
5.6 In order to sell a piece of artwork on the Website, you must upload the following information:
Shipping and insurance costs are added to the price of your artwork at the time of sale based on your and the buyer’s location.
For guidance on the above, please see our guidelines.
5.7 It is your responsibility to make sure all the information you provide about your artwork on the Website is accurate and complete.
5.8 You agree to update your listing on the Website as soon as possible if one of your artworks on the Website is no longer available or sold elsewhere. In which case you should mark the artwork as “not for sale”.
5.9 Once an order has been placed for one or more of your artwork(s) you need to confirm that the artwork is available and ready for shipping. You will receive an email to notify you of any purchase orders. You then have 48 hours to confirm or cancel the purchase request. In case you do not respond within this timeframe the order will automatically be cancelled.
6.1 We can remove your artwork from the Website at our reasonable discretion. For example we may remove artwork in the following circumstances:
6.2 In the event that we remove your artwork from the Website, we will notify you as soon as reasonably possible and provide you with reasons for the removal.
7.1 You are responsible for the initial pricing of your artwork. Each price listed on the Website should factor in our commission as the commission will be deducted from the purchase price of the artwork and is not an additional cost to the buyer (see paragraph 8 below for details). Shipping and handling costs will be added to generate a grand total price upon purchase.
7.2 While you do set the initial price for your artwork, the value of the artwork will develop based upon our algorithm. Rest assured that the price of your artwork can not fall below the original price you have set.
7.3 You agree not to do anything (or allow anything to be done) which may artificially affect the purchase price of any artwork offered on the Website as calculated by the algorithm.
7.4 You are responsible for complying with our guidelines as well as the packaging regulations of our shipping partner (which you will receive at the point of sale).
8.1 We take a commission of 25% on the sale of each artwork. Our commission is calculated on the price of the artwork after the application of the algorithm, but does not take into account any applicable tax or shipping and handling charges.
8.2 Our commission is exclusive of applicable VAT.
8.3 We will deduct our commission before we send payment through to you via PayPal. When we send payment through to you, you will also receive a statement showing the deducted commission. You will receive the selling price less our commission in US Dollars. The exchange rate for any currency conversion will vary depending on the prevailing exchange rate on the day. There may be additional fees charged by PayPal which are out of our control. Subject to security checks, PayPal may ask you to verify your account which could delay receiving the payment.
9.1 The Website offers the artwork for sale on your behalf. When a buyer purchases a piece of your artwork, the buyer pays you through the Website.
9.2 On confirmation of payment by the buyer, we will send you a notice of purchase instructing you to ship the artwork to the buyer, and provide you with the buyer’s address and relevant contact details.
9.3 You then ship the artwork (in accordance with paragraph 10 below).
9.4 We will release payment to you fourteen days after confirmation of delivery of the artwork to the buyer. We hold payment for this period because, under UK consumer law, the buyer may return the artwork for a full refund at any point in the fourteen days following delivery of the artwork. If the buyer exercises his or her right to return during this period, we will notify you and arrange for a refund to the buyer on your behalf.
9.5 In the event of a complaint about you or your artwork, we will notify you as soon as reasonably possible and consult with you as to the best course of action.
9.6 Returns will be dealt with in accordance with paragraph 13 below.
10.1 Either using our dedicated shipping partner or a custom shipping method of your choosing, you will ship any artwork purchased through the Website within 7 days from receipt of the notice of purchase from us, except where we agree a longer timeline with you. You are responsible for providing all relevant information and documents as required by the shipping company.
10.2 When packaging and shipping your artwork to a buyer, you agree to comply with our guidance as well as the packaging regulations of the shipping provider. If artwork is damaged in the process of delivery to a buyer due to insufficient packaging, please be aware that the buyer may return the artwork for a full refund and you will be responsible for all return shipping costs.
10.3 When using our custom shipping option, you will ensure that the artwork can be tracked and confirmation of its receipt by the buyer is provided.
10.4 You are responsible for completing all customs forms and other information which may be required when shipping items across borders.
11.1 Each artwork must be shipped with a certificate of authenticity, which may be in any format but must include the following information:
12.1 You agree to allow buyers to resell pieces of your artwork which was previously purchased on the Website (“Resale”) on the Website. The price listed for any Resale will be the going price of the artwork according to our algorithm, which will never be lower than the initial price you set for the artwork in the original sale.
12.2 We will deduct a 25% commission on the price of any Resale, and will pay you 40% of that commission (net of any VAT) to you (“Artist’s Share”) if you are still registered as an artist on the Website and your profile information is up to date (including your PayPal account details so we can make the payment). For example, should a piece of your artwork be resold for £1000, we would deduct commission of £250, with £150 retained by the Website and £100 paid to you.
12.3 The Artist’s Share is exclusive of any applicable VAT.
12.4 If you maintain an up-to-date registration with the Website, we will pay you the Artist’s Share within 30 days of confirmation of delivery of the resold artwork. We will pay any applicable VAT upon receipt of a valid VAT invoice from you.
12.5 We will notify you in the event that a resold artwork is returned for a refund or discount. In this event, you will refund to us the Artist’s Share on demand.
13.1 As consumers, buyers of your artwork have certain legal rights to return any artwork and/or request a discount. These are set out in paragraph 8 of the Buyer Terms. These include a right to return the artwork within fourteen days of delivery, as well as a right to reject the artwork for a refund (in full or in part) for up to six years from the date of delivery, if there is a fault.
13.2 If the buyer decides to return the artwork within fourteen days of delivery, we will refund the buyer all fees paid for the artwork upon return of the artwork. We will notify you as soon as possible of any such return. If the buyer returns the artwork:
13.3 Under the Buyer Terms, the buyer is under an obligation to comply with our shipping and handling guidelines when returning artwork. If the artwork is damaged during the return, we may, in consultation with you but at our sole discretion, reduce the refund accordingly.
13.4 If the buyer rejects the artwork outside the fourteen day period, you are solely responsible for complying with the provisions set out in the Buyer Terms, including providing a refund (whether partial or whole) and arranging for the return of the artwork, where appropriate. You will also be responsible for any postage costs incurred in the buyer returning the artwork, if the artwork is faulty.
13.5 In the event of a refund or discount, we will refund you our commission paid to you on a pro-rata basis to the reduction in the price.
13.6 You may cancel a sale any time before shipping the artwork. If you decide to cancel a sale, you must let us know as quickly as possible so that we can arrange a refund to the buyer.
14.1 You can contact us by writing to us at firstname.lastname@example.org or 27 Old Gloucester Street, London, England, WC1N 3AX.
14.2 We may contact you by telephoning you at any number provided by you to us, or by the email provided by you as part of the registration.
14.3 You agree to comply with any response timelines set out in this Agreement, as many relate to our timelines with the buyers.
14.4 If not specified, you agree to respond to an email from us within 48 hours.
14.5 We encourage you to promote the sale of your artwork on your website, social media, etc. However, we ask that you do not do so in any way which may:
14.6 You agree not to communicate directly with the buyers. You may not include any advertising material about you or your artwork when shipping a piece of artwork sold on the Website to a buyer.
15.1 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.
15.2 This Agreement constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in this Agreement.
15.3 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.4 Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
15.5 This Agreement, its subject matter and its formation (and any non-contractual disputes or claims) is governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
By clicking “I agree to the terms and conditions” during the registration process you agree to be bound by the terms and conditions set out above.