1 Acceptance of Artist
1.1 We reserve the right to accept or decline your application to market Art/craftworks through us. The completion and signing of the Commission Agreement or Wall Space Hire Agreement includes your acceptance of these Terms and Conditions.
1.2 You warrant that all information supplied to us is accurate and up to date.
1.3 You will inform us of any changes in the information stored by us including name, address and contact details, pricing of Artworks.
1.4 You choose the final price for your Artwork. We are not V.A.T rated and therefore cannot charge V.A.T.
2 Sale of Goods
2.1 If a sale is made you are entering into a legally binding contract with us to complete the sale with the customer. You should be aware of the provisions of the Sale of Goods Act as it applies to you and the customer regarding authenticity refunds and faulty goods.
3.1 You warrant that all work sold through us are free of any copyright restrictions or intellectual property disputes. You warrant that the Work is yours to sell.
3.2 The copyright in the Artwork will remain with the Artist even after ownership of the Artwork is transferred to the Customer.
4. Illustrative Images
4.1 If you wish us to include your work on our web site you should supply at least one high-quality digital image of each Artwork that you wish to sell. The images must be in JPEG format. We may be able to provide an opportunity to photograph your artwork for you but this is not a guaranteed service
5. Payment for Artworks
5.1 For any works sold payment from us to you will be made by either the end of the month or exhibition. Should your Artwork(s) be sold we will raise a purchase invoice for the customer of which a copy will be supplied to you. With regard to returned goods you should note the Conditions Of Sale Notice displayed in the Gallery. In the event of a dispute relating to the artwork, we reserve the right to release your details to the Customer
5.2 Payment for Artworks sold will normally be by cheque made payable to the Artist or their appointed agent
5.3 A charge of 3% will be added to the customers price if they are paying by credit/debit card this will be retained by us.
5.4 In certain circumstances, additional charges such as post, packing and framing may be incurred by the customer, these will not be passed on to you.
6.1 The Gallery does not insure Works of art held in the gallery that are not the property of the Gallery. It is therefore the your responsibility to ensure adequate insurance is arranged for your work while it is on display
6.2 You agree to defend, indemnify, and hold harmless officers, our directors, employees, agents, third parties and us from your use of the service, including any violation of these rules.
6.3 We provide this service on an "as-is" basis without warranty of any kind including the implied warranties of merchantability and fitness for a particular purpose.
6.4 This Agreement is entered into in England and shall be governed by and shall be construed in accordance with English law. The courts of England shall have jurisdiction to hear and determine any cost, action or proceedings, and to settle any disputes, which may arise out of or in connection with these rules, and you irrevocably submit to the jurisdiction of such courts.
6.5 We reserve the right to change these terms and conditions from time to time as necessary to support our business objectives.
6.6 Using the service constitutes acceptance of these rules.
6.7 Force Majeure. A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
7. Pricing and Artwork particulars-wall space
7.1 You may vary the price of your Artwork as you wish during the duration of an exhibition, but in the interests of continuity of advertising you must follow procedures as outlined within either the Commission Wall Space or Hired Wall Space particulars (see 7.5)
7.2 Payment shall be made by you or your Agent prior to the commencement of your display period. Reservation of agreed Wall Space Hire may be cancelled up to 7 days before the start of an Exhibition. following that date the provisions of 7.7 below apply. Cancellation within 7 days of the exhibition will incur a 10% charge of the full price charged.
7.3 You have free use of your Wall Hire Space and while there is no specific restriction on the number of items you may display in that space, the Gallery reserves the right to limit the number of items where it feels the quantity or the arrangement will be liable to detract from the ambience of the gallery as a whole or to prevent a safety issue
7.4 A group of artists may hire Wall Space, in which case one or at the most two persons must be nominated by the group, complete and sign each artitsts Agreement and be approved by us to act as agents throughout the period of the exhibition. A solo artist may appoint an agent to act on their behalf or act as their own agent
7.5 Only you or your authorised Agent may remove and replace items in the hired space, the displayed items must be properly priced and recorded in the appropriate Schedule A before being available for sale and re-recorded after any changes are made
7.6 The display of items may only be done in the allotted space and the display is the responsibility of you or your agent. Whilst this ensures the items are displayed in accordance with artist’s wishes, they should ensure that they use the facilities provided correctly so that works of art are displayed correctly and without danger to visitors or gallery staff.
7.7 During an Exhibition non display of artwork in the alloted space or removal of all the works of art by sale or by you or your agent for installation elsewhere does not constitute the termination of the agreement and no refunds will be made. In the event of complete non-use of the allotted space you may however with the agreement of the Gallery reassign your entire space to another artist for the remainder of the allotted period.
7.8 At the end of the agreed period of display you or your agent must remove any unsold artworks at a mututally agreed time between you and the Gallery or agree to enter into a further space rental period. The Gallery reserves the right not to extend the rental period. If after three weeks collection or an agreement to collect has not been made the Gallery reserves the right to dispose of the artwwork as it sees fit.
7.9 Hire of wall space does not confer any other rights or privileges to your or your agent other than the right to display accepted pictures on the specified wall for the period of the exhibition, however subject to space you will also be able to display work in our browsers on the same basis as your wall.
8. Pricing and Artwork particulars
8.1 Our commission rate is 20% on the advertised price. A hanging fee of one pound per week will be charged for every week or part of a week that the picture hangs in the gallery.Payable for the entire advertised duration of the exhibition in advance.In the case of pictures above A3 in size we reserve the right to increase the hanging fee to two pounds. Any hanging fee that is not used due to a sale of a picture may be returned to you unless you place a replacement picture in the gallery for the remainder of the exhibition The 3% surcharge that will be added on payments made by credit/debit cards for any sales will not be included within 20% calculation.
8.2 Once accepted you agree to sell the Artwork at your original chosen price, which may not be changed for the duration of the exhibition unless agreed with the gallery. You may not remove the Artwork from the exhibition unless sold by the Gallery
8.3 Subject to space, a commission based artist already paying a hanging fee will attract no fees for placing artwork in a browser, sales from browsers will attract 20% commission
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Notice to be displayed in the Gallery
SALES OF CRAFT BY COMMISSION
9. Pricing and Artwork particulars
9.1 Our commission rate is 25% on the advertised price. The 3% surcharge that will be added on payments made by credit/debit cards for any sales will not be included within 25% calculation.
9.2 Once accepted you agree to sell the craftwork at your original chosen price, which may not be changed for the duration of the exhibition unless agreed with the gallery . You may not remove the craftwork from the exhibition unless sold by the Gallery
9.3 For the duration of the exhibition you agree not to offer your craftwork at a price lower than the original advertised price, which you are offering it through us.