We are very pleased to welcome you as a participating artist, and sincerely hope this will be a worthwhile and fulfilling relationship between us.
By applying to become an accepted artist and by supplying goods to our website you are agreeing to these terms and conditions. They form a legally binding contract between you the artist/supplier and ourselves aGallery4Art
Your statutory rights are not affected.
“Us/our/we” means aGallery4Art.
“You/Yours” etc. Means you, a user of our services.
“Site/Sites” means the web site “agallery4art.co.uk” or any other sites owned and controlled by us.
“Artwork/Artworks/Products” means artwork or craftwork owned and controlled by you for the purposes of selling through the Site.
“Service” means the process of displaying/marketing/selling your Artwork through the Sites.
“Customer/Buyer” is a person visiting the site.
2. Acceptance of Artist
Once you have submitted your artwork you have accepted these terms and conditions.
You are accepting and allowing Customers/Buyers and Artist to leave comments about yourself and you Artwork. The comments are monitored by aGallery4Art before going live onto the website.
aGallery4Art has the right to remove any comments made against aGallery4Art its Artists and Artworks/Products which we feel are of an abusive, malicious or offensive nature. The person/people responsible shall be removed from the site and banned from any future use.
aGallery4art has the right to accept or decline any application without giving a reason.
aGallery4art has the right to close any artist’s account at anytime if an artist does not follow these terms and conditions.
aGallery4Art has the right to remove any work at anytime without prior warning or reasoning.
If any of your details held by aGallery4art change in any way you must inform us immediately, this includes name, address, contact details, pricing of Artwork, description details, whether an artwork is available or unavailable.
If you go on holiday or are unable for whatever reason to monitor you accounts activity then you must deactivate your portfolio of work.
3. Acceptance of Artwork
aGallery4art has the right to accept or decline any Artwork submission.
All Artwork on aGallery4Art has to be approved prior to going live on the site.
All details supplied by yourself about each piece must be accurate, and if any of these details change then you must inform aGallery4Art straight away.
Once a sale has been agreed you the Artist and aGallery4Art form a legally binding contract to fulfil delivery of the Artwork within the detailed timescale.
You are responsible for informing aGallery4Art once an Artwork has been sold.
If an Artwork is unable to be delivered (e.g. in an exhibition) then it must be removed from the site.
aGallery4Art has the right to edit any information/images supplied.
4. Artwork Images
Each Artwork must be supplied with four clear digital images, however you pay upload up to 6 images per Artwork.
Our website will constrain images to a certain size, as detailed below in order to assure uniformity with the layout. You can upload large view images up to 640 x 480 but images will appear squashed unless you prepare them properly.
We advise that you upload images on a canvas size to suit the dimensions below, but then place your image within this at it's true dimensions e.g. not squashed. This will avoid your artwork being squashed to incorrect proportions.
First Image Upload: Small Image best uploaded at 191px × 183px, this image appears in the gallery listing with all artists Artworks. This is a frontal shot including the frame if applicable.
Second Image Upload: Large Image best uploaded at 640px x 480px, in main page will appear smaller, but a pop up window will display image up to 640px x 480px. This image appears in the individual Artwork page, once selected to view on its own. This is a frontal shot including the frame if applicable.
Additional Image Up: You must upload an additional two more images, detailed shot showing a close up of the Artwork. For example if it is a painting showing the grain of the canvas. Lastly a shot of the Artwork in situ, Painting/Photograph hanging on wall, Sculpture placed on a table or sideboard.
Poor quality images can result in an Artwork not being accepted or a sales not going ahead.
5. Non Exclusivity
Your artwork is not exclusive to aGallery4Art, we allow you to market your work via other channels, subject to the following conditions:
· You are still able to deliver the artwork within the required time scale.
· It is not offered for sale at a lower price than shown on aGallery4Art
· If the artwork is sold via a different channel you must remove or change it to “sold” on the site straight away.
You set the price for the Artwork. The set price must include:
· All delivery costs, including postage, and packaging. This results in aGallery4Art offering FREE delivery on all Artwork to addresses in the UK and Northern Ireland. (Orders placed for delivery outside these areas will be subject to an additional cost added to the sale price you set).
· Insurance cost: It is entirely the responsibility of the artist to insure the work while it is in transit
· Our commission.(see clause 9 for notes on how to take commission into account)
· VAT if applicable
Once an Artwork is accepted onto the site you have agreed to sell it at that price
7. Delivery, Packaging and Insurance
You are responsible for the costs of delivery including all packaging costs, delivery charges and insurances. These costs cannot be reclaimed from aGallery4Art under any circumstances. Please keep this in mind when pricing your Artwork.
For deliveries outside of the UK and Northern Ireland an additional cost will be paid by the Buyer which will be passed on to you, commission shall not be taken from this additional cost.
You must ensure all Artwork are professionally and securely wrapped, clearly labelled and insured fully for delivery to the customer within the allocated time scale, normally 5 working days. For Made4u and Commission orders the time scale is 21 days from completion.
No additional details about you shall be included on or within the package, such as business cards, flyers, leaflets or website address. Nothing which would encourage the Buyer to deal with you directly rather than through aGallery4Art.
8. Returns and Damages
If an Artwork is delivered to the Buyer damaged in anyway, you are responsible, and liable for the costs of retrieving the Artwork. Hence the need for insurance to cover such eventualities.
You can then claim through your insurance or courier. We are not liable for return costs of Artwork for damage before or during transit under any circumstances.
If you did not take out adequate insurance then you are liable for such costs.
If a Buyer/Customer returns a Artwork other than for damage, they are responsible for this cost and will be advised to insure the Artwork during its return.
You accept that the Buyer/Customer can return any artwork with 14 days for whatever reason. It will be returned to the address aGallery4Art holds for you. Once an Artwork has been received by you, it is your responsibility to inform aGallery4Art immediately
9. Commission Rate
The commission rate on aGallery4Art is set at 30% of the advertised full price, unless otherwise agreed in writing.
It is important that you take the commission that will be deducted by us into account when adding the cost of packaging and delivery and insurance. You need to add all these costs to the profit you wish to make, then add 43% to this total of profit + costs, to set the advertised selling price. Then, after our 30% commission has been deducted, you will be paid the total costs + profit you are aiming for.
When the order is to be delivered to an address outside the UK, and additional charge will be made to cover the extra costs involved. Commission is not charged on this extra charge.
10.Payment for Artwork
Once an Artwork is sold, payment from the Buyer is taken in full before an item is posted.
70% of the purchase price goes to the Artist and 30% goes to aGallery4Art.
We will process the payment and order in full, dealing directly with the Buyer.
Payment will be made by bank transfer 28 days after delivery of the Artwork.
We will raise a purchase invoice to the customer, stating the details of the transaction and the price.
The copyright for all artwork remains with the Artist even after a piece as been sold
By submitting you artwork to the aGallery4Art website, you are agreeing the work is your own and 100% original. You must be certain that it does not infringe the copyright or other intellectual property rights of any third party. You agree to fully indemnify aGallery4Art against any claims that result from any such infringement.
12.Withdrawal of Artwork
You have the right to withdraw your Artwork at anytime from the website.
13.Closure of an Account
You are not under any annual contact with aGallery4Art To close an account you need to give aGallery4Art 30 days written notice. You do not need to explain your reasoning behind this decision.
Your agreeing that the relationship between the customer/buyer and aGallery4Art belongs to aGallery4Art, and not to you. Once a customer/buyer has visited the site the relationship belonging to us has been formed.
You will not attempt to contact the Customer/Buyer directly to the exclusion of aGallery4Art.
You will not sell directly to the Customer/Buyer to the exclusion of aGallery4Art.
You agree to defend, indemnify, and hold harmless aGallery4Art, its officers, directors, employees, agents, and third parties, from the consequences of your use of the service, including any violation of these rules.
aGallery4Art has tried to ensure that the contents and information it provides on its web sites is accurate at the time of posting. Unfortunately it cannot guarantee the accuracy of contents or information contained in its pages and any person using information contained in them does so entirely at their own risk
There may be links on our website to other websites, and aGallery4Art is not responsible for the contents of, nor does it warrant the accuracy or reliability of any linked website.
aGallery4Art provides services on an “as-is” basis without warranty of any kind including the implied warranty of satisfactory quality. This Agreement is entered into in United Kingdom and shall be governed by, and shall be constructed in accordance with British Law. The courts of England and Wales 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.
16.Changes to these Terms and Conditions
aGallery4Art has the right to change these terms and conditions at any time and without prior notice. Any changes will be notified to you promptly to give you the option of accepting such changes or not.
A full and up to date copy of these terms and conditions are always available on aGallery4Art under Artist Terms and Conditions.