Seller Terms and Conditions
By supplying your artwork you, the seller, (referred to as “you”,“artist” or “seller” in these Seller Terms and Conditions) are entering into a legally binding contract with Wild Art Gallery (referred to as “we” “our” “us” or “Wild Art Gallery” in these Seller Terms and Conditions).
For your ease we have included the definitions used in the Website User Terms and Conditions within these Seller Terms and Conditions.
(1) “Wild Art Gallery Services” means the services we supply by providing the Website, allowing sellers to sell artwork and handmade items on the Website, bringing Buyers and Artists together, using the Website, and facilitating orders.
(2) “Seller” means any person who displays artwork for sale on the Website.
(3) “Artwork” means the pieces of art/artwork/handmade items/products which a Buyer agrees to buy from the Seller using the Website, including Commissions and Made to Order, as described in the individual listing on the Website.
(4) “Buyer” means the person and/or organisation who uses the Website and may buy Artwork.
(5) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
(6) “Made to Order'” is Artwork which is painted/made for the Buyer based on an original piece of artwork which the Buyer likes. They will be similar to the original but, because of their very nature, will have variations in the design and colour, and no two paintings will be exactly the same in appearance. Made to Order Artwork will not be an exact replica of the original.
(7) “Mainland UK” includes many delivery addresses in England, Wales, N Ireland and mainland Scotland but does exclude some postcodes. Please contact us and confirm those excluded postcodes prior to ordering.
(8) “Order confirmation” means the email confirming the Buyer’s order and will confirm such details as what the seller has agreed to supply, the price and expected delivery/supply date.
(9) “Standard Delivery” means a method of delivery within Mainland UK, using a carrier approved by us, which is insured to at least to the value of the sale price for the Artwork being sent and for which the carrier obtains a signature upon delivery to show receipt.
(10) “Terms and Conditions” means these Terms and Conditions which also incorporate all policies and other Terms and Conditions displayed on our Website and will also include any special terms and conditions agreed in writing by us.
(11) “Upload onto the Website” means any submission or post, including any Artist’s information regarding any Artwork for sale, in any format, including any post, content or anything whatsoever which a user uploads or provides to us for upload and subsequently appears and can be viewed on the Website. This includes taking part in any available feedback, review, discussion, forum etc.
(12) “User” or “you” means anyone using and/or visiting the Website for any purpose including, but not limited to, Buyers and Artists.
(13) “We”, “Us”, means the organisation who supplies and owns this Website, www.wildartgallery.co.uk, situated in Warwick Lane, 3-4 The Square, Wickham, Hampshire, PO17 5JN. E-mail address email@example.com.
(14) “Website” means the website and all content at www.wildartgallery.co.uk
(15) “Working Days” means any day Monday to Friday from 9am to 5pm, excluding all public and bank holidays in England and Wales.
(1) These Seller terms and conditions incorporate and are in addition to all of the terms and conditions and policies on the Website www.wildartgallery.co.uk and apply the use of the Website and sale of Artwork and prevail over any other agreement, documentation or communication whatsoever between us and can only be varied if agreed between us in writing.
(2) By registering as a User, applying and submitting your Artwork you are agreeing to all these terms and conditions without exception each and every time you use the Website or our services. Should you need any help please email firstname.lastname@example.org.
(3) From time to time we may change these Terms and Conditions and we will inform you of any changes via your contact email address.
3 ACCEPTANCE OF ARTIST AND ARTWORK AND YOUR OBLIGATIONS
(1) Any Artwork which you wish to offer for sale is submitted to us subject to our approval.
(2) We reserve the right to accept, decline or remove any seller, Artwork, or any application made to us without explanation
(3) You will be deemed to be aged 18 or over and to have read and understood and agree to be bound by its Terms and Conditions. Where you are entering into an agreement on behalf of an organisation, you confirm that you have the legal right to do so and that the organisation specifically confirms that it takes full responsibility for use by any individuals on their behalf who are deemed to be users for the purposes of these Terms and any subsequent action.
(4) Artwork is offered for sale on the basis that
(a)(i) you confirm you are legally able to comply with these terms and conditions and sell such Artwork, and that Artwork does not breach any copyright, intellectual property rights or the rights of any third party, whatsoever in nature, and the Artwork or sale are not contrary to any law
(ii) you are legally able to supply a certificate of authenticity for each piece of artwork you offer for sale on or via the Website and agree to include it with the Artwork.
(iii) that you are solely responsible for any Artwork that you provide and/or sell and that we have no liability in this regard to any Buyer or any other party.
(iv) you understand that we are not a party to any sale but merely facilitate sales on behalf of both Artists and Buyers, using the Website.
(v) you will ensure that anything you do will not incur any liability for us and you will not cause us to breach any law, statute or regulation and will, in any event, completely indemnify us against any claim or action whatsoever including, but not limited to, any losses or expenses incurred whatsoever, resulting from your breach of our Terms and Conditions.
(b)(i) it is not offered for sale anywhere else at a price lower than the sale price agreed by you and displayed on the Website – by this we mean the price you set, excluding any discounts. For the avoidance of any doubt, where you offer the same artwork for sale with other websites we accept that those websites may from time to time make offers (such as a discount for new buyers) which may mean that the price of your artwork with those discounts is lower than the sale price on our website.
(ii) from time to time we may decide to provide offers on the Website, such as 10% discount. You agree to this, subject to your right to remove or suspend artwork for sale.
(c) You promptly and fully co-operate with us at all times, particularly to ensure compliance with these terms and conditions and the terms and conditions which apply to sales to Buyers.
(d)(i) you provide what we deem to be adequate information about both you, your business and necessary financial information and the Artwork and
(ii) clear images of the Artwork. This must include at least one clear front shot and one side shot and be cropped with no surrounding background. Information is available on the Website but if you need any further help please email email@example.com.
(e)(i) made to Order Artwork can only be offered by Artists who have our express permission to do so.
(ii) if you offer Made to Order Artwork then this is on the basis that the Artwork is not offered on any other Website except any that we have specifically agreed in writing.
(f) You understand that you are ultimately solely responsible in relation to all sales and transactions carried out on or as a result of the Website and that you must:
(i) acknowledge receipt of any communications, including any order from us, within 1 working day. When a Buyer places an order, we send the Buyer an order confirmation email directly on your behalf and email to advise you of that sale unless you have already advised us not to do this, such as if the order is a Commission.
(ii) you will use our Payment Facilities which are provided by third parties. Please refer to the relevant third party Terms and Conditions.
(iii) fulfil and dispatch any orders and/or provide any services as agreed with the buyer and, where applicable, within the guidelines of Clause 6 following.
(iv) we will assist you by preparing the Buyer’s invoice/receipt. Please ensure that you print a copy of the relevant invoice/receipt and include it with the artwork as you send it to the Buyer.
(v) you agree to make a Commission payment of 20% for our intermediation services (as a venue Website) which will be deducted by us automatically from payments made for orders – see clause 5 following.
(g) You are not registered for VAT or any other applicable government taxes unless you notify us otherwise by email to firstname.lastname@example.org.
(5)(a) Unless these Artist terms specifically state otherwise, all communication from us or any Buyer should be via the “contact the artist” facility available on the Website within 24 hours.
(b) You must not communicate directly with Buyers or prospective Buyers. This includes not placing any advertising and/or promotional information in with packages when you send Artwork to Buyers.
(c) Otherwise, you will assist with and provide full customer services to all Buyers and deal with consumer cancellations, complaints, returns and any other issues which may occur with any sale of Artwork or through our Website, taking into account any legislation and within our terms and conditions and policies. Please also refer to clause 7, following.
(6)(a) All images and information which you supply to us must be accurate and up to date and in the format we require.
(b) We reserve the right to edit any Artwork/information supplied without notification.
(c) You will inform us by email to email@example.com at least 7 days in advance of
(i) any changes to your information and
(ii) when any Artwork is no longer available for sale and
(iii) any periods when you will be unable to fulfil your obligations to supply
(7)(a) You may choose to take part in any offers we have available
(b) Use of any discount and/or gift vouchers, codes, special offers, promotions or other “offers” which may be made available from time to time are subject to availability and only available at our sole discretion and subject to all conditions of compliance with such offer.
(8)(a) When you provide us with images and/or information about Artwork the original ownership rights remain, you do specifically agree that we have a non-exclusive, worldwide, and payment and royalty-free sub-licensable licence for the whole of any period to display the images and/or information and to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your images and/or information or any part thereof as necessary, solely for the purposes of displaying Artwork, providing you with services and operating the Website. Unless clause 3(6)(b) below applies, this Licence will be terminated when the images and/or information is entirely deleted from the Website.
(b) Although you retain ownership of any images of Artwork which you Upload or provide to us, you specifically provide your express permission to us and any Users to use those images of the Artwork on social media for promotional purposes, for example, to share an image which you like on Facebook and Twitter.
(9) We may ask you to assist with marketing your Artwork and the website. For example we may ask you to write a blog or provide professional advice.
(10) You will ensure that your obligations under these terms and conditions shall be placed in priority to any other obligations and will be carried out in a professional manner with reasonable care and skill.
(11)(a) You understand that this is not an exclusive agreement and that you are not entitled to any rights or benefits whatsoever that employees may have and that at all times you will keep us indemnified against all actions, claims, demands, assessments, liability, costs and expenses arising in respect of any allegation of employment.
(b) You are responsible for any registration, completion of any forms and documentation and the payment of any tax and national insurance contributions and any similar Government or properly imposed liabilities which may be payable as a result of any payments made to you by us. You will provide evidence of self-employed status or limited company incorporation to us as we may request from time to time.
4 SERVICES – HOW IT WORKS AND WHAT WE DO
(1)(a) The Website is a venue bringing together Artists and Buyers who buy and sell unique artwork using our Website. On your behalf we will facilitate the display of Artwork for sale on the Website using any images and information you supply and offer it for sale at a sale price agreed by you. If you need any clarification about this please email firstname.lastname@example.org.
(b) Although we are not a party to any sale and have no responsibility with regard to anything which you offer, we reserve the right to monitor what is offered for sale on or via the Website. This means that we can refuse any upload onto the Website or remove anything without notice which you offer for sale which we, in our sole discretion, deem not suitable for sale from or via the Website
(2) Artwork will remain available for sale until either
(a) A sale is made via the Website or
(b) You provide us with notice of a change.
(3) You understand that once a Buyer has agreed to purchase Artwork we will raise an invoice on your behalf and that invoice will contain your details as the seller. Please see clause 3(3)(f).
(4) Once Artwork has been sold on the Website then you are legally bound to complete and you agree to dispatch the order in the time set out in the terms and conditions.
(5) You will receive payment from us only after we have received full and cleared payment from the Buyer – please see clause 5 following.
(6) We will try and solve any disagreements quickly and efficiently but the final decision in relation to any Buyer dispute rests entirely with us.
(7) If one of us commits a material breach of these Terms and conditions and Agreement between them and either:
(a) The breach is not capable of being remedied, or;
(b) Where it is capable of being remedied, the breach has not been remedied within 30 days of written notice of the breach by the party who has not committed the breach,
then the party who has not committed the breach may terminate the Agreement between them forthwith by written notice to the other party.
5 PAYMENT AND YOUR COMMISSION
(1) When you use the Website to list Artwork you agree to make a Commission payment for our services (as a planning and booking tool) when you make a sale. Commission payments consist of a fixed and agreed fee for each sale you make via the Website.
(2) You will provide a sale price for each piece of Artwork, taking into consideration the cost of producing the work, your status, standard delivery/postage and packaging costs, payment provider costs, currency exchange costs and any other factors you deem appropriate. All prices should be in GBP.
(3)(a) There are no fees payable to merely display Artwork on the Website unless you choose one of our enhanced services, such as being featured on the Website home page.
(b)(i) In consideration for the sale of Artwork to a Buyer, you agree that we process payment and will deduct 20% of the total sale price and you will receive 80% of the total sale price. Please also refer to information about our commission/payment to you.
(ii) Commission payments are in GBP as shown on our commission invoice to you. We do not charge VAT.
(iv) Our Commission payments will be deducted by us automatically and our invoices will be emailed to you as payment is due.
(d) From time to time we may decide to provide offers on the Website, such as 10% discount. Where we choose to do this it will affect the amount that is paid to you in that you will receive 75% less the relevant discount. So, for example, if an item is usually £200 but is discounted to £180 then you receive 75% of £180.
Payment from us for Website sales
(4)(a) We receive payment on your behalf from the third party payment provider deducting
(i) payment retained by the third party payment provider
(ii) any commission payment due to us and
(iii) any charge-backs or any other payment issues or refund payments which may have been incurred (see clause 7 below) and account to you for the balance.
(b) Payments will be made to you by us raising an invoice/purchase order within 28 days of the delivery date.
(c) Payment will be made by us in GBP so you must take into account fluctuating rates of currency exchange.
(d) Where the amount which you are due to receive is less than the amount of refunds made then, if we invoice you, you must pay the balance due to us within 7 days of our request for payment. Otherwise, we will deduct the balance due from the next payment that is due to you.
Late Payments to us
(5)(a) Where any payment which is due to us from you is late (such as any Commission charges or any refund we make on your behalf), or there are problems with it
(b) We reserve the right to suspend or terminate your registration as an Artist immediately and without notice
(c) You remain responsible for any payment due to us
(1) Unless agreed otherwise in writing in respect of any individual sale to a Buyer, you agree to organise standard delivery to the Buyer within the following times;
(a) Made to Order - no later than 21 days from the date of the Order Confirmation.
Please note that you must advise us about any Made to Order work.
(b) In stock - No later than 5 working days the date of the Order Confirmation.
(d) You must inform us immediately should there be any delay in delivery.
(2) Any contract regarding delivery is between you and the carrier you use for delivery. You are responsible for rectifying any delivery problems such as damage and non-receipt. We will not be liable nor compensate for any loss or damaged Artwork.
(3) For every sale you are required to
(a) Acknowledge each order by clicking the “acknowledge order” section in the Admin area of your Website account and
(b) Complete a “Dispatch” notification form which is located in the Admin area of your Website account and provide the carrier name and tracking number.
(4) Unless we agree otherwise in writing, all Artwork sent must be fully insured against damages and require a signature upon delivery.
(5) All Artwork must be
(a) Sent at your own expense.
(b) Packaged to a professional standard, be fully labelled, clear and concise and contain your invoice/receipt and the certificate of authenticity.
(c) Not contain any promotional material, business cards, letter headed paper, leaflets or communication of any kind.
Failure to comply may result in instant removal of your Artwork and termination of our agreement.
(6)(a) We will contact you for a quote if a Buyer requests special delivery
(b) No commission is payable on special delivery charges.
7 PROBLEMS WITH SALES, RETURNS / DAMAGES AND REFUNDS
(1)(a) Any Artwork damaged during transit must be collected by you/your carrier at your own expense.
(b) It is your responsibility to make a claim with the carrier for or any dispute or damage
(c) You must offer the Buyer a repair, replacement or full refund or and you will not receive any payment of the percentage of the sale price due to you unless the Artwork is replaced to the Buyer’s satisfaction.
(2) Artwork which is returned for any reason will be sent directly to the address you have provided to us.
(3) Unless we agree otherwise, if the Buyer returns Artwork for any reason other than it is faulty or damaged, then it is returned at their own expense. We may either arrange collection or advise the Buyer about return.
(4)(a) Where a Buyer has a problem with their order, makes a complaint or requests a refund then you agree to work with them to resolve this, taking into account any legislation and within our terms and conditions and policies.
(b) If a Buyer contacts us regarding an issue with their sale we will email you.
(c) Where you do not or cannot resolve an issue to the Buyer’s satisfaction within 7 days of their first contact with you and they contact us for assistance/resolution then you understand and agree that any final decision rests entirely with us and is at our own discretion.
(d) You agree to tell us by email to email@example.com within 3 days of receipt/decision
(i) of any complaint or refund request made by any Buyer
(ii) of your decision as to resolving any Buyer’s complaint or refund request and whether the buyer has accepted your resolution
(iii) when you agree to make a refund (in full or part) to a Buyer and, where relevant, provide confirmation and evidence if/when you make a refund to a buyer. Only payment amounts made for Artwork through our Website can be refunded.
(5)(a) You understand and agree that refunds made to buyers are entirely your responsibility and that you are ultimately responsible for making any refund.
(b) If you agree to make a refund (full or part) to a Buyer then you must notify us within 2 working days of advising the Buyer that you intend to affect a refund, providing details of the amount to be refunded taking into account any reimbursed postage/shipping paid for by the Buyer in returning goods to you. This will enable us to help you to comply with the relevant Buyer’s statutory rights.
(6)(a) Otherwise, once a Buyer requests a refund we will liaise with you and help finalise collection/ delivery of the Artwork. To facilitate consumer rights (which mean Buyer can be refunded once they provide proof of sending Artwork back) collection is arranged for most Artwork delivered in the UK. Unless we agree otherwise, you will be responsible for the organisation and cost of collection. We will discuss Artwork which has not been delivered in the UK directly with UK.
(b) Assuming that we hold the payment made by the Buyer in respect of the Artwork (please see clause 5 above) then we will make any refund directly to the Buyer using the same method of payment which they used when paying for their order to comply with consumer’s rights.
(c) However, you agree that at our discretion, where you have
- failed to comply with your legal obligations or
- failed to deal with a complaint to a Buyer’s satisfaction or
- where payment for the relevant order has not yet been paid to you by us we may deduct an amount equivalent to such refund from any money whatsoever (from any order) which we hold on your behalf and make payment of the refund to the Buyer on your behalf.
(d) If, at our discretion, we agree to make a refund on your behalf
(i) the amount of the refund will be deducted from any money that we hold on your behalf
(ii) if we do not hold sufficient money for you, you agree to reimburse us within 7 days of our written request to do so. This will contain full details regarding the amount due and why it is payable.
(iii) if payment is not received when it is due then please refer to clause 5(5), Late Payments to us
(iv) We reserve the right to deduct the commission fee as if the buyer had not been refunded
(7) Refunds are made to Buyers using the same method of payment which they used when paying for their order.
8 CLOSING YOUR ACCOUNT
(1)(a) You may terminate use of the Website without giving us prior notice
(b) However, as an Artist you can close your account with us by giving 5 working days written notice by email to firstname.lastname@example.org.
(c) When that notice takes effect
(i) everything you upload will be deleted and
(ii) you will still be responsible for fulfilling any outstanding obligations. So for example, you must fulfil existing orders and deal with any complaints
(iii) you and must pay any fees due to us and we refer you to clause 5(5) above of these Artist terms and conditions.
(2) Once you give your notice any final payment to you will be made 60 days from the date that your account is closed.
9 CONFLICT OF INTEREST
(a) You are free to provide Artwork to other organisations or persons which do not place you in a conflict of interest with us or our Buyers and which is not detrimental to the Website and/or our business.
(b) However, for the duration of this Agreement and for a period of 12 months thereafter, you agree that without our prior written consent you will not:
(i) sell directly to any Buyer nor contact any of our Buyers other than to fulfil your obligations under these terms and conditions
(ii) procure or carry out any services, including offering Artwork for sale, similar to or compatible with Artwork and/or services we offer for the benefit of any Buyer
(iii) introduce, directly or indirectly, any third party which results in provision of services the same as our services or of a similar or associated nature to any Buyer.
You undertake to keep us indemnified and hold us harmless against all actions, claims, demands, settlements, liability costs and expenses arising out of or in connection with any breach of these terms and conditions.
Please also read Seller Obligations.