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Project Art The social Art Market

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Resale Terms & Conditions

(Last updated 29. March 2017)
  1. Introduction
  2. Which documents apply?
  3. Registration
  4. Re-selling artwork on the Website
  5. Pricing your artwork
  6. Our commission
  7. The sales process
  8. Shipping your artwork
  9. Returns, cancellations and refunds
  10. Communications
  11. General

1. Introduction

1.1 Project Art-The Social Arts Market™ is a platform on www.projectart.com (the “Website”) on which artists are able to sell 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 an artwork to a buyer. When a buyer purchases an artwork, the buyer purchases the artwork directly from you, and the sale is subject to the Buyer Terms.

2. Which documents apply?

2.1 These terms and conditions cover the resale of artwork purchased on the Website.

2.2 The agreement between you and the Social Arts Market consists of the following:

2.3 You should review all of these documents carefully. By clicking “I Agree to the teams and conditions” during the registration process, you agree to be bound by the conditions set out in these documents.

2.4 We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

3. Registration

3.1 Please register your interest in reselling artwork purchased on the Website by emailing us at support@projectart.com. We will then respond, requesting any additional information required.

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. Re-selling artwork on the Website

4.1 Only artwork purchased on the Website by you may be resold on the Website. You confirm that the artwork you offer for resale on the Website was purchased by you and has remained in your ownership from the date of purchase.

4.2 You confirm that the artwork has not suffered any damage and is in the same condition as when originally purchased.

4.3 The resale of artwork on the Website is at our sole discretion. We may take into account any number of factors in reaching our decision, including the views of the original artist. If we decline your request, you are still free to resell the artwork via any other avenue.

4.4 It is your responsibility to make sure all the sales information you provide about the artwork on the Website is accurate and complete.

4.5 You agree to update us as soon as possible if an artwork listed on the Website is sold elsewhere, so that the listing of the artwork can be removed.

4.6 We reserve the right to remove any artwork from resale at our sole discretion.

4.7 In the event that we remove an artwork you posted for resale from the Website, we will notify you as soon as reasonably possible and provide you with reasons for the removal.

5. Pricing your artwork

5.1 Any artwork offered for resale on the Website will be priced at the going price of the artwork according to our algorithm, with the initial price set by the artist as the minimum price. Each price listed on the Website factors in our commission (see paragraph 6 below for details). Shipping and handling costs will be added to generate a grand total price upon purchase. Please note that you may be liable for any applicable VAT or other similar tax in your country.

6. Our commission

6.1 We take a commission of 25% on the resale of artwork on the Website. 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.

6.2 Our commission is exclusive of applicable VAT.

6.3 We think it is important that artists continue to benefit from the popularity of their artwork. As such, we will split our commission with the artist so that an artist receives 40% of any commission taken on a resale (net of any applicable VAT).

6.4 We will deduct our commission from the payment received from the buyer before we send the remaining payment through to you via PayPal. When we send the payment through to you, you will also receive a statement showing the deducted commission. 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.

7. The sales process

7.1 The Website offers the artwork for resale on your behalf. When a buyer purchases a piece of your artwork, the buyer pays you through the Website.

7.2 Upon confirmation of payment, 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.

7.3 You then ship the artwork (in accordance with paragraph 8 below).

7.4 We 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.

7.5 In the event of a complaint about you or the artwork, we will notify you as soon as reasonably possible and consult with you as to the best course of action.

7.6 Returns will be dealt with in accordance with paragraph 9 below.

8. Shipping your artwork

8.1 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.

8.2 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.

8.3 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

8.4 You are responsible for completing all customs forms and other information which may be required when shipping items across borders.

8.5 You must include the original certificate of authenticity with the artwork.

9. Returns, cancellations and refunds

9.1 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.

9.2 If 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:

  • (a) and there is no damage or a fault in the artwork, the buyer will be responsible for the cost the shipping and handling of the artwork;
  • (b) due to damage or a fault in the artwork, you will be responsible for reimbursing the buyer for the cost of returning the artwork.

9.3 Under the Buyer Terms, the buyer is under an obligation to comply with  our and our shipping partner’s 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.

9.4 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.

9.5 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.

9.6 You may cancel a sale anytime 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.

10. Communications

10.1 You can contact us by writing to us at support@projectart.com or 27 Old Gloucester Street, London, England, WC1N 3AX.

10.2 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.

10.3 You agree to comply with any timelines set out in this agreement, as many relate to our timelines with the buyers.

10.4 If not specified, you agree to respond to an email from us within 48 hours.

10.5 We encourage you to promote the sale of the artwork on your website, social media, etc. However, we ask that you do not do so in any way which may:

  • (a) misrepresent the Website and/or the artist; or
  • (b) damage the Website’s reputation and/or the reputation of the artist.

10.6 You agree not to communicate directly with the buyers.

11. General

11.1 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any artwork you have paid for but not received.

11.2 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

11.3 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

12. English law and the jurisdiction of the English Courts will apply to these terms and conditions, save where you live in any other part of the United Kingdom, in which case the law and courts of that place shall apply.

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.