Information for buyers:
You do not need to register an account to look at the art for sale. You DO need to register an account to purchase. This registration process is the same for buyers as it is for artists selling goods on the @rtMarketDirect platform. Its simple and easy to do.
Once you have registered, you are able to 'follow' and contact artists directly if you have any questions.
We hope you enjoy your experience of buying original art via @rtMarketDirect.
Information for artists who want to sell their work:
- if the transaction is £100:- the buyer will pay £100- the seller will receive £100 (minus their paypal fees of about £3)
- and also minus our commission (£20) = about £77 to the artist
Sign up with email
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which the Works of Art (“Products”) listed on our website (artmarketdirect.com) are displayed by you and the basis on which Sales will be concluded by you with Customers.
These Terms will apply to any contract for the sale of Products by you. When you display Products for Sale on artmarketdirect.com you will be selling these directly to a Customer.
INFORMATION ABOUT US AND OUR WEBSITE
This website is owned and operated by Lloyd Hobbard-Mitchell "t/a stopped & stared" and ‘‘artmarketdirect.com".
Our principal activity is the provision of a fine art agency and online gallery with online marketplace ("artmarketdirect.com’") displaying authentic original works of art, prints, sculpture, opportunities for the commissioning of new artworks, without limitation, for sale by third party fine artists.
These terms and conditions constitute an agreement between you and Stopped & Stared. By using this website, displaying works of art for sale and making sales through ‘artmarketdirect.com’ you agree to become a Supplier and abide by these terms and conditions.
Stopped & Stared may change these terms at any time. Please review these terms often to ensure you are aware of any changes made by us. If you do not agree to all the following terms you should not use this site. These terms and conditions are governed by the laws of England and you agree to submit to the exclusive jurisdiction of the courts of the United Kingdom.
If you have a concern about our terms and conditions you can email Stopped & Stared at email@example.com, use our ‘Contact us’ page on our site www.stoppedandstared.com.
Using the online platform registered to the domain ‘artmarketdirect.com’, Stopped & Stared provides Suppliers with the ability to display works of art for sale in our online marketplace known as '‘artmarketdirect.com’'. Artists can join ‘artmarketdirect.com’ free of charge, there are no subscription or other upfront or regular service charges.
When a sale is made to a Customer introduced by the site ‘artmarketdirect.com’, Stopped & Stared is entitled to charge the fees set out later in this document.
By registering and becoming a Supplier and uploading images of Artwork, you hereby appoint Stopped & Stared as an independent non-exclusive reseller with the right to resell such Original Artwork via ‘artmarketdirect.com’
You hereby grant Stopped & Stared a worldwide, transferable, nonexclusive, right and licence, with a right to sublicense, to:
Use, reproduce, distribute, publicly perform and publicly display the Original Art Content via Online Sales channels (including the Site, Platform and third party sites and platforms); and
Access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast Original Art Content in any form, medium or technology now known or later developed for the purpose of promoting Stopped & Stared, artmarketdirect.com, without limitation. You acknowledge and agree that the foregoing licence rights are granted on a royalty-free basis and that your sole compensation for the grant of such licence, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Artwork through ‘artmarketdirect.com’.
If a consumer has a complaint, they are encouraged to contact you, the supplier, directly.
If you have a complaint about the service you have received on artmarketdirect.com please email Stopped & Stared at firstname.lastname@example.org, use our ‘Contact us’ page at www.stoppedandstared.com
As soon as we receive a complaint action will be taken to rectify the problem. If you contacted Stopped & Stared by post or email we will reply by email. If you contact Stopped & Stared by phone we aim to be able to resolve the issue immediately.
If we need a little time to investigate the matter then we will let you know.
We provide an online marketplace and gallery only.
The Site and Platform are provided on an “as is” basis. Stopped & Stared makes no representations or warranties of any kind to you relating to the Site and Platform to the fullest extent permitted by law.
Stopped & Stared shall not be liable for any damages of any kind including without limitation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these terms or your use of the Site and Platform known as artmarketdirect.com, provided that nothing in these terms shall exclude or limit liability for death or personal injury arising as a result of negligence, fraud or any other liability which may not be excluded or limited by law.
Without limiting the foregoing, Stopped & Stared’s total and aggregate liability to you shall in no event exceed the total amounts actually received by you in any calendar year in connection with a sale of Original Artwork through the Site or Platform.
You hereby indemnify Stopped & Stared and keep Stopped & Stared and, its owner Lloyd Hobbard-Mitchell, its current or future group of companies, current or future third party sellers, directors, shareholders and employees at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of Stopped a& Stared), awards and damages without limitation however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations without limitation under these terms or otherwise arising from a transaction between you and a consumer or your use of the Site and Platform.
COPYRIGHT & RESPONSIBILITY FOR WORKS
You acknowledge and agree that you are solely responsible for all Original Artwork that you make available for sale through Stopped & Stared and or ‘artmarketdirect.com’.
For all Original Art Content you upload to Stopped & Stared and or ‘ArtMarketDirect.com’, you warrant that:
1 You are the creator, and sole and exclusive owner of the corresponding Original Artwork or are properly authorised to sell and transfer good title free from any third party claims, liens or encumbrances to such Original Artwork without limitation;
2 You have obtained all clearances and shall be responsible for all costs and expenses related to third party rights necessary for the exploitation of the Original Art Content on the Site and Platform as envisaged by these terms;
3 You are duly authorised and have all necessary rights to grant the licences granted under these terms; and
4 Nothing you make available on Stopped & Stared (including Original Art Content) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation without limitation.
You may not upload Original Art Content or any other materials, or make any Original Artwork available for sale through the Site and Platform, which Stopped and Stared reasonably believes to be:
1 offensive, including material that incites racial hatred or promotes discrimination;
2 obscene or pornographic; or
3 materials that infringe another party’s copyright, patent, trade mark, design right or other intellectual property or proprietary right.
Stopped and Stared reserves the right to remove any Original Art Content from the Site or Platform and remove the listing for Original Artwork at any time in its sole discretion.
SALE OF GOODS
ROLE OF STOPPED AND STARED
Stopped & Stared acts as an online gallery and operates ‘artmarketdirect.com’ as a marketplace for works of art. Stopped & Stared is not acting as your agent and has no authority to bind you.
Stopped and Stared has no contractual relationship with Customers in respect of sales of Original Artwork on the Platform or the Site. You do have a contractual relationship with customers.
Without limiting the foregoing and since other businesses Stopped & Stared may offer other various art and merchandise for consumers on the Stopped & Stared Site and in order to make sure that the consumers’ purchases are made as easy as possible the parties have agreed that the website terms and conditions of supply shall apply to transactions between you and the consumers.
Stopped & Stared may from time to time change these website terms and conditions of supply where such change is necessary due to change in applicable law, industry standards or is otherwise appropriate in Stopped & Stared’s reasonable discretion. Such changed version of the website terms and conditions of supply shall then apply.
Stopped & Stared nominates Paypal to undertake the Payment Gateway for transactions undertaken on artmarketdirect.com relating to sales. All transactions will first be made between the consumer and you, the Supplier. The Buyer will pay you the full amount and Paypal will credit your Paypal account with the full amount. The automatically Paypal will transfer our commission (20%) to our Paypal account.
You will be solely responsible for and hereby undertake, represent and warrant that you shall:
1 Set the initial retail price of your Original Artwork to include VAT or other sales taxes as appropriate to you and your business;
2 Make any appropriate changes to the availability and stock levels of your Original Artwork through the Platform;
3 Make it clear to consumers that the agreement for sale is between you and the consumer and not between Stopped & Stared or artmarketdirect.com and the consumer;
4 Fulfil consumer orders, including packaging, shipment, insurance, invoicing the consumer and complying with applicable sales taxes, charges and custom duties, and
5 Comply with all applicable laws and regulations relating to the sale and delivery of goods (including without limitation, those concerning distance selling, consumer protection, health and safety and e-commerce).
You agree to comply with the terms and conditions of Stopped & Stared’s current Return Policy that are applicable to any Original Artwork sold through Stopped & Stared and or artmarketdirect.com. You will be responsible for all refunds and returns and shall comply with all applicable laws and the website terms and conditions of supply on the Site and Platform, in respect of policy on refunds and returns. To the extent that Stopped and Stared considers refund functionality to be your responsibility to be undertaken via your Paypal account and for you to provide refunds when customers are not reasonably satisfied. You will utilize such functionality offered by Paypal and provide customers with refunds when they are not satisfied with the service or goods you have provided them.
Stopped & Stared is not obliged to mediate between you and consumers or to enforce or execute fulfillment of any contract. In all cases, Stopped & Stared encourages both parties to seek mediation and where satisfaction cannot be fulfilled, to seek qualified legal information, advice or guidance as appropriate to settle the matter.
The sale between you and the customer will be subject to any warranties implied under applicable laws.
As a Supplier you may have obligations under the The Electronic Commerce (EC Directive) Regulations 2002, The Consumer Protection (Distance Selling) Regulations 2000, The Supply of Goods and Services Act 1982, The Consumer Protection Act 1987
The agreement between you and the consumer will be governed by the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Stopped and Stared charges the following fees on completed sales:
Commission – 20% of the gross sale price (not including shipping costs), as set by you.
An example transaction might look like this:
- if the transaction is £100:
- the consumer will pay £100 by Paypal
- You, the supplier will receive £100 (minus your paypal fees of about £3)
- and also minus our commission (£20)
In this illustrative example you will receive about £77.
All transactions will be fulfilled via Paypal.
For sales of Original Artwork transacted arranged through artmarketdirect.com, the consumer will credit your Paypal account directly.
Payment for works of art by Customers is made to you and your Paypal account. Neither Stopped & Stared or artmarketdirect.com interfere with the transaction process.
CONFIRMATION OF ORDER
When an order or payment has been accepted you will receive confirmation by email.
Suppliers agree to ship the Original Artwork within a given reasonable reasonable shipping period (the ‘Shipping Period’). If you do not ship the purchased Original Artwork to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled by the consumer;
Reasonable shipping periods are considered to be:
||Time from payment to shipment
||Time for shipping
The above information are guidlines only and are only to be used as an illustration. The timelines are variable and subject to shipping methods used. They cannot be applied to commissions, but only to finished pieces.
Any questions relating to delivery timelines, should be put by customers to suppliers directly via the contact tab within their profile.
RETURN OF GOODS POLICY/REFUNDS
As a condition of listing Original Artwork on the artmarketdirect.com site, you agree to provide the following return policy to Customers in respect of products sold.
CUSTOMER RETURN AND REFUND POLICY
If an Artwork Is Damaged And You Want A Replacement
Our Artists work hard to ensure that every piece of art is sent to you in perfect condition but occasionally we know that things can get lost or damaged.
Suppliers currently offers a free returns policy for all dissatisfied consumers. Suppliers offering goods for sale on artmarketdirect.com agree to accept returns where the Original Artwork is materially different from that described by the Supplier or is damaged. Suppliers to the market displayed at artmarketdirect.com cover the costs of shipping related to returns and will refund the value of the transaction for all returns.
For any questions about returns, please email us at: email@example.com
WEBSITE IMAGES AND COLOUR REPRODUCTION
We make every effort to ensure that images displayed on our website are as accurate as possible but we cannot guarantee an exact colour match to the work of art as displayed on your screen.
If the finished Product will vary slightly from those images and the depiction of Products with accessories, e.g. frames may be used for illustrative purposes only but not be included in the price, then this should be clearly indicated in the description. Where this is the case, these points cannot reasonably be used by a consumer as being a reason for return or refund.
The information on our site is constantly updated and from time to time may contain technical inaccuracies and typographical errors. We aim to correct these as soon as we become aware of them. In situations where the provided information is crucial to your purchasing decision and the eventual use of a product we recommend you contact the Supplier for clarification and confirmation of details.
In no event will Stopped & Stared be liable for any damages arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use, or inability to use the Site. We make no warranty that the Site or the server that makes it available is free of viruses or bugs.
Throughout the Stopped & Stared Web site, artmarketdirect.com or its marketing avenues including social media, you may find links to third party Web sites. Please note that Stopped & Stared is not responsible for the privacy policies or content of third party sites.
Stopped & Stared may, in its sole discretion, terminate this agreement, access to the Site or Platform without notice to you. Upon termination, all rights and obligations will be extinguished other than such rights and obligations which are necessary to process any orders placed prior to such termination. In particular, termination will occur if Stopped & Stared reasonably considers Suppliers of breaching trust by way of sharing contact details, participating in transactions with consumers ‘off site’, directly or indirectly circumventing the Paypal transaction process or in any way attempting to remove artmarketdirect.com from then supply chain of Original Artwork, without limitation.
These terms do not create any right enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999.
Save for as expressly referred to in these terms, these terms contain the full and complete understanding between the parties and supersedes all prior arrangements and understandings, whether written or oral, pertaining to the subject matter of these terms.
These terms shall not be deemed to constitute a partnership, joint venture, contract or relationship of employment between the parties.
These terms and any non-contractual obligations or liabilities arising out of or in connection with these terms shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts.