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 ‘‘artmarketdirect.com” (Us).
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 artmarketdirect.com. By using this website, displaying works of art for sale and making sales through ‘artmarketdirect.com’ you agree to become a Vendor and abide by these terms and conditions.
artmarketdirect.com 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 artmarketdirect.com at [email protected] and raise your issue with us directly.
Using the online platform registered to the domain ‘artmarketdirect.com’, we provides you 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 unless you want to upload artwork. Following an artist consultation in 2017, a nominal subscription fee for uploading rights to the platform came into effect.
When a sale is made to a Customer introduced by the site ‘artmarketdirect.com’, we are entitled to charge the fees set out later in this document.
By registering and becoming a Vendor and uploading images of Artwork, you hereby appoint us as an independent non-exclusive reseller with the right to resell such Original Artwork via ‘artmarketdirect.com’
You hereby grant us 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 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 Vendor, directly.
If you have a complaint about the service you have received on artmarketdirect.com please email [email protected]
As soon as we receive a complaint action will be taken to rectify the problem. If you contacted us by post or email we will reply by email. If you contact us by phone we aim to be able to resolve the issue immediately. If we need a 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. We make no representations or warranties of any kind to you relating to the Site and Platform to the fullest extent permitted by law.
We 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, our 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 us and keep Stopped & Stared.com 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 us), 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.
We accept no liability without limitation for any losses you might suffer as a result of hoaxers, tricksters, flim-flam or con-artists. If you are suspicious or if you have suffered a loss, you should immediately contact; [email protected], PayPal, the Police or all of these. We will assist in any official investigation. We will also investigate whether the perpetrators are registered to our platform and ban them. All actions taken to assist Suppliers are undertaken without any acceptance of liability whatsoever.
COPYRIGHT & RESPONSIBILITY FOR WORKS
You acknowledge and agree that you are solely responsible for all Original Artwork that you make available for sale through ‘artmarketdirect.com’.
For all Original Art Content you upload to 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 artmarketdirect.com (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 we 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.
We reserve 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. In addition we reserve the right to close your account and to delete all data held by us against your account for any reason at our sole discretion.
SALE OF GOODS
ROLE OF ARTMARKETDIRECT.COM
We act as an online gallery and operate ‘artmarketdirect.com’ as a marketplace for works of art. We are not acting as your agent and have no authority to bind you.
We have 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 based on the principle that when they use the site and ‘buy’ an Original Artwork and proceed to pay for that artwork, a contract has been entered into which you are legally obligated to fulfill by delivering the Original Artwork in line with any agreed terms described by you. This distinction of a contractual offer is important and must NOT be confused by you as an ‘Invitation to Treat’.
Without limiting the foregoing and since other businesses we may offer other various art and merchandise for consumers on the artmarketdirect.com 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.
We 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 our reasonable discretion. Such changed version of the website terms and conditions of supply shall then apply.
We 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 customer will pay you the full amount and Paypal will credit your Paypal account with the full amount less the PayPal fees and our commission (3%%). PayPal will automatically credit our commission to our Paypal account.
You will be solely responsible for and hereby undertake, represent and warrant that you shall:
- Verify your identity by providing us with a copy of your ID;
- Verify your address by providing us with relevant documentation;
- Publish your own Terms and Conditions, Shipping Policy and Returns Policy which DOES NOT conflict with the principle or spirit of these Terms and Conditions;
- Set the initial retail price of your Original Artwork to include VAT or other sales taxes as appropriate to you and your business in the jurisdiction where you undertake your business;
- Make any appropriate changes to the availability and stock levels of your Original Artwork through the Platform;
- Make it clear to consumers that the agreement for sale is between you and the consumer and not between us and the customer;
- Fulfil consumer orders, including packaging, shipment, insurance, invoicing and complying with applicable sales taxes, charges and custom duties, and
- 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) with particular attention to your own local laws.
You agree to comply with the terms and conditions of our current Return Policy that are applicable to any Original Artwork sold through 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 we consider 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.
We are not obliged to mediate between you and consumers or to enforce or execute fulfilment of any contract. In all cases, we encourage 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 Vendor 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, without limitation.
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.
We charges the following uploading artist subscription fee:
- Easy Pay Uploading Artist 1-Year Plan – 12 monthly payments of £3.50 recurring
- Independent Uploading Artist 1-Year Plan – 1 annual payment of £24.00 recurring
- Professional Uploading Artist 3-Year Plan – 1 three yearly payment of £60 recurring
- Collaborate – 1 annual payment of £200 recurring
- Corporate – 1 annual payment of £250 recurring
- Dealer – 1 annual payment of £250 recurring
We charge the following fees on completed sales:
Commission – 3% of the gross sale price, as set by you.
An example of a PayPal transaction might look like this:
Collector buys work (Eg £100 including shipping)
PayPal deduct 3.4% + £ 0.20 merchant fees off £100 (£3.60 – balance now at £96.40)
We deduct 3% of £100 (£3 – balance now stands at £93.40)
We transfer to the artist and depending on their PayPal account, PayPal deduct between 2.7-3.4% + £ 0.20 of £93.40
Worst way Merchant Account 3.4% + £ 0.20 is applied which means the artists ultimately gets £89.82.
In this illustrative example, you will receive about £89.82
Stripe:- European Cards
An example of a Stripe EU-card transaction might look like this:
Collector buys work (Eg £100 including shipping)
Stripe deduct 1.4% + £ 0.20 merchant fees off £100 (£1.60 – balance now at £98.40)
We take 3% of £100 (£3 – balance now stands at £95.40)
In this illustrative example, you will receive about £95.40
Stripe:- Non-European Cards
An example of a Stripe non-EU-card transaction might look like this:
Collector buys work (Eg £100 including shipping)
Stripe deduct 2.9% + £ 0.20 merchant fees off £100 (£3.10 – balance now at £96.90)
We take 3% of £100 (£3 – balance now stands at £93.90)
In this illustrative example, you will receive about£93.90
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 Original Artwork art by Customers is made to you and your Paypal account. We do not interfere with the transaction process.
CONFIRMATION OF ORDER
When an order or payment has been accepted you and the customer will receive confirmation by email.
Vendors agree to ship the Original Artwork within a reasonable shipping period (the ‘Shipping Period’) and to set out in their Shipping policy what that Shipping Period might be.
If you do not ship the purchased Original Artwork to the customer prior to the expiration of the Shipping Period, then the sale may reasonably be cancelled by the consumer;
This is an example of what your shipping periods might look like if you are a vendor in the UK:
|Destination location||Source location||Time from payment to shipment||Time for shipping|
|UK||UK||72 hours||72 hours|
|EU||UK||72 hours||7 days|
|Asia||UK||72 hours||10 days|
|US||UK||72 hours||7 days|
|AU||UK||72 hours||10 days|
|Africa||UK||72 hours||14 days|
The above information are guidelines only and are only to be used as an illustration. The timelines are variable and subject to shipping methods used. With commission invitations you will be equally clear on lead times.
Any questions relating to delivery timelines, should be put by customers to Vendors directly via the contact tab within their gallery store.
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 Vendors work hard to ensure that every piece of art is sent to Customers in perfect condition but occasionally we know that things can get lost or damaged. We recommend all Vendors insure the pieces they send and pass the costs onto Customers.
Vendors offering goods for sale on artmarketdirect.com agree to accept returns where the Original Artwork is materially different from that described by the Vendor or is damaged.
For any questions about returns, please read the Vendors Returns Policy before you purchase.
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 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 Vendor for clarification and confirmation of details.
In no event will artmarketdirect.com 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 our site, artmarketdirect.com or its marketing avenues including social media, you may find links to third party Web sites. Please note that we are not responsible for the privacy policies or content of third party sites.
We may, in our 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 we reasonably consider Vendors 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 the 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.