Artist terms and conditions

 

These terms and conditions form a legally binding agreement between You and PickyArt.com (online art gallery, registered office: 26 Tate Road
Silvertown, UK, E16 2HJ) meaning PickyArt.com, the supplier of the Service. Your statutory rights are not affected.

1. Acceptance of Artist

1.1 PickyArt.com reserves the right to accept or decline Your application to market Artworks through PickyArt.com. Your application includes your acceptance of these terms and conditions.

1.2 You warrant that all information supplied to PickyArt.com is accurate, and up to date.

1.3 You agree to have Your Artworks and descriptive information displayed on PickyArt.com.

1.4 You will inform PickyArt.com of any changes in the information stored by PickyArt.com including name, address and contact details, pricing of Artworks, and the “Sold” status of Artworks.

2. Acceptance of Artworks

2.1 PickyArt.com reserves the right to accept or decline Your application to market any Artwork through PickyArt.com for any reason at Our sole discretion.

2.2 If accepted, You are offering Your artwork for sale for a minimum period of six months, or until sold, whichever is the sooner. After six months You may remove Your Artwork from PickyArt.com if unsold.

2.3 If a sale is made you are entering into a legally binding contract with PickyArt.com to complete the sale and dispatch the artwork in the agreed time.

3. Non-exclusivity

3.1 You may market Your Artwork through other channels simultaneously with marketing through PickyArt.com, provided:

3.1.1 this does not affect Your ability to deliver the Artwork to the Customer within the specified time.

3.1.2 You do not offer Your Artwork at a price lower than the price which You are offering it through PickyArt.com (when marketing trough analogical to PickyArt.com channels).

3.2 If the Artwork is sold through another channel You must immediately inform PickyArt.com about it.

4. Copyright

4.1 You warrant that all work sold through the PickyArt.com is free of any copyright restrictions or intellectual property disputes. You warrant the Work is Yours to sell.

4.2 The copyright in the Artwork will remain with You even after ownership of the Artwork is transferred to the Customer.

5. Illustrative Images

5.1 You must supply at least one high-quality digital Images of each Artwork You wish to sell through PickyArt.com: a Gallery Image and a Detail Image are preferable. The Images must be in JPEG format. The Gallery Image will show the entire Artwork including frame (if framed). The minimum pixel width of the Gallery image will be 600 pixels. The Detail Image will show a portion of the Artwork to illustrate the grain of the canvas. The width of the Detail Image will be at least 600 pixels.

6. Pricing and Artwork particulars

6.1 You will choose the price you wish the Artwork would be sold for. This price must be inclusive of VAT (if applicable), Artwork packaging costs and PickyArt.com’s commission fee. PickyArt.com will notify You in advance of the commission rate applicable to You.

6.2 Once accepted You agree to sell the Artwork at the accepted price.

7. Delivery, packaging and insurance

7.1 You are responsible and liable for costs of all materials and packaging if Your Artwork is sold through PickyArt.com. These costs cannot be reclaimed from PickyArt.com under any circumstances and should be taken into account when pricing Your Artworks.

7.2 You will ensure that Artworks are securely packaged, labeled and adequately insured for safe delivery to the Customer.

7.3 You will not include any contact details that would encourage the customer to deal directly with You in the packaging, such as business cards, leaflets, letters of solicitation for business etc. unless this has been negotiated with the PickyArt.com.

7.4 Customer covers all costs for shipping the Artwork. The amount of money needed for dispatching the Artwork will be transferred to Your account after the order was received and confirmed.

7.5 You will package and arrange delivery of Artworks to the Customer within 3 (three) working days of receiving the order from PickyArt.com. The Artwork must arrive with the Customer no later than 10 (ten) working days after the order has been received by You.

7.6 The actual delivery time frame may vary based on Customer’s destination and country’s customs office. In exceptional cases, if it is a far distance International order, delivery may then take up to 20 (twenty) working days and more to deliver.

7.7 You have a right to exclude certain countries from delivering Your artworks. In this case You must inform PickyArt.com about the list of countries You wish to exclude before uploading Your Artworks to the gallery.

7.8 When You become aware of any reason why an Artwork that has been ordered from You may not be received by the Customer within 10 (ten) days, You will notify PickyArt.com immediately of the reason for and expected length of the delay. PickyArt.com will attempt to contact the customer and in some cases may offer a refund to the Customer resulting in the cancellation of the order from You.

8. Returns and damaged goods

8.1 In the event of the Artwork arriving damaged with the Customer, You will be liable for the costs of retrieving the artwork.

8.2 You will claim any costs in retrieving the Artwork through the insurance cover provided by Your chosen courier. PickyArt.com will not accept claims for reimbursement in the event of damage to Artworks under any circumstances.

8.3 You accept that if You have not taken adequate insurance, You will be liable for the costs of retrieving the Artwork.

8.4 You accept that the Customer may return the Artwork(s) within 14 days of receipt, and this will constitute cancellation of the order. PickyArt.com will not accept liability for Your delivery expenses in this instance.

9. Payment for Artworks

9.1 When Your Artwork(s) is sold We will raise a purchase invoice for the Price. The Invoice will be paid by PickyArt.com no sooner than 28 days after PickyArt.com have confirmed delivery of the Artwork(s) to the Customer. The 14 days return policy or any negotiations of unforeseen circumstances have been fully resolved.

9.2 Payment will be made by bank transfer.

10. Ownership of Customer relationship

10.1 You agree that the business relationship between the Customer and PickyArt.com is entirely owned by PickyArt.com. You will not approach the Customer directly or correspond with the Customer in any way, except with express written authorization from PickyArt.com. You will not sell directly to the Customer or allow a direct relationship to develop between You and the Customer that could be detrimental to PickyArt.com. You will not pass Your contact details to the Customer, including in Artwork packaging.

10.2 In the event of a return or damaged goods claim, we will release Your details to the Customer.

11. Disclaimer

11.1 You agree to defend, indemnify, and hold harmless PickyArt.com, its officers, directors, employees, agents, and third parties, from your use of the service, including any violation of these rules.

11.2 PickyArt.com provides this service on an “as-is” basis without warranty of any kind including the implied warranties of merchantability and fitness for a particular purpose.

11.3 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.

11.4 Using the service of PickyArt.com constitutes acceptance of these rules.

 

All rights reserved.