Seller Terms and Conditions
These terms are valid until 17 January 2018.
These Seller Terms and Conditions are valid until 17 January 2018. They will be superseded by the updated Seller Terms and Conditions from 18th January 2018.
1.1 What are these Terms about?
These Terms and Conditions (together with the policies expressly referred to within) tell you information about Artfinder and the legal terms and conditions under which Artworks may be displayed by you on the Artfinder website.
These Terms will apply to any contract for the sale of Artworks by you. When you display Artworks for Sale on our site you will be selling these directly to a Customer.
1.2 Who runs the Artfinder website and how can I get in contact?
The Artfinder website is owned and operated by Art Discovery Ltd, incorporated in England and Wales with our registered office at 90 Long Acre, Covent Garden, London WC2E 9RZ, United Kingdom. Our registered number is 07299752. Our principal activity is the provision of an online art marketplace displaying authentic Artworks for sale.
If you have any questions, concerns or complaints, you can email Artfinder at email@example.com, use the website’s ‘Contact us’ page or write to Artfinder at 90 Long Acre, Covent Garden, London WC2E 9RZ, United Kingdom.
As soon as we receive any complaint, action will be taken to rectify the problem. If you contact Artfinder by post or email we will reply by email. If you contact Artfinder by phone we will aim to resolve the issue immediately. If we need a little time to investigate we will let you know.
1.3 What definitions will be used in these Terms?
Please take the time to familiarise yourself with the following expressions, which will be used throughout this document as explained below:
- Artfinder / We / Us
Art Discovery Ltd.
- The Site / Website / Platform
The Artfinder website, hosted at www.artfinder.com, and all subdomains and subdirectories thereof.
- Supplier / You / Your
Any person using the Artfinder website to facilitate the supply of Artworks to customers.
Any item displayed for sale at any time on the Site.
The page and its contents on which an Artwork is displayed for sale on the Site.
Any text or imagery contributed to and hosted on the Site.
- Supplier Revenue Share
The monies due to a Supplier with respect to an Artwork sale through the Site
- Customer / Consumer / Buyer
Any visitor viewing Listings or purchasing Artworks on the Site.
1.4 To whom do these Terms apply?
These Terms form an agreement between you and Art Discovery Ltd. By using this website, displaying Artworks for sale and making sales through Artfinder you agree to become a Supplier and abide by these Terms.
Artfinder is not directly involved in the transaction of sale between you and a consumer introduced to you through the Site, save in respect of receiving payment from consumers and remitting to you your Supplier Revenue Share for completed sales.
Artfinder has no contractual relationship with consumers in respect of sales of your Artworks on the Artfinder website.
1.5 Are there any other policies or terms I should read?
The below is a list from which you can access all documents and policies referred to in these terms, which should be read carefully.
- Seller Best Practice Guidelines
- Commission and Fees Policy
- Payment Schedule
- Customer Returns Policy
- Packaging and Delivery Guidelines
Artfinder reserves the right to alter these Terms or other site policies at any time, so please review them often to ensure you are aware of any changes. If you do not agree to all the following terms you should not use this site.
1.6 By which laws are these Terms governed?
These Terms are governed by the laws of England and you agree to submit to the exclusive jurisdiction of the courts of England and Wales with respect to your relationship with Artfinder.
It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate. It is your responsibility to adhere to all applicable tax requirements for sales made to users on the site.
2. CONTENT AND ELIGIBILITY
2.1 What requirements must I meet to be eligible to sell on the Site?
You must be over 18 years of age to become a Supplier on the Artfinder website. By accepting these Terms you represent and warrant that you at least 18 years of age.
You additionally warrant that all information you provide to Artfinder, including but not limited to your name, tax status, and country of residence, is accurate, truthful and kept up to date subject to any change.
2.2 Must I be the creator of the Artworks I upload?
You warrant that you are the creator and sole and exclusive owner of all Artworks displayed on Artfinder or are consignor of such Artworks as directly authorised by their creator.
You additionally warrant that you have obtained all clearances, and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of Artworks on the Site.
2.3 What restrictions apply to the Artworks I may sell on the Artfinder website?
All Artworks represented for sale on Artfinder must be one-of-a-kind or limited edition original artworks with a maximum edition size of 150. All Artworks must be signed by their creator or accompanied by a certificate of authenticity signed by their creator.
All impressions sold from a limited edition print run must be assigned numbers in correspondence with the order in which they were produced. The number of each impression must be marked clearly on the Artwork itself or on its accompanying certificate of authenticity.
2.4 What restrictions apply to the Content I may upload to the Artfinder website?
You acknowledge and agree that you are solely responsible for all Artwork Content you upload to Artfinder. You may not upload Artwork Content or any other materials which Artfinder reasonably believes to be:
- offensive, including material that incites racial hatred or promotes discrimination;
- obscene or pornographic; or
- materials which 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.
Artfinder reserves the right to remove any Content or Artwork Listings from the website at any time in its sole discretion.
2.5 How and when are Artfinder permitted to use my content?
By registering and becoming a Supplier and uploading Artwork Content you grant Artfinder a worldwide, non-exclusive, royalty-free, sublicensable right and license to access, view, use, copy, reformat, distribute, publicly display, publicly perform and transmit your Artwork Content via online and physical sales channels (including the Site, Platform and third party sites and platforms) in any media now known or not currently known.
This right and license is solely for the purpose of enabling Artfinder to use your content for the promotion of the Artfinder platform. Artfinder do not claim, and so may not violate, ownership rights in your Artwork Content.
You acknowledge that the only compensation you will receive for such license, if any, will be in the form of the Supplier Revenue Share, payable only upon the sale of an Artwork through the Artfinder website, and defined later in this document.
3. YOUR OBLIGATIONS
3.1 Am I responsible for inaccuracies in my Artwork Listings?
It is your responsibility to ensure that all Listings submitted to the site represent the Artworks offered for sale therein to the highest degree of accuracy possible.
Where inaccurate specifications or materially misleading images are submitted as part of Artwork Listings from which any Artwork Sale is made, Artfinder reserves the right to debit any costs associated with resulting customer return requests from your Artfinder account balance.
3.2 Are there any restrictions in place on how I may price my Artworks?
The price stated in each of your Artwork Listings must be a reasonable reflection of the value of the Artwork offered for Sale, and must be equal to the price set for the same Artwork on any other channels through which the Artwork is sold directly or consignment.
Where a customer introduced to you through the Artfinder website locates your artwork offered for sale at a lower price either directly by yourself or by an authorised consignee, Artfinder reserves the right to adjust the price of the artwork on Artfinder, before or after Sale of the Artwork has been completed, to be equal to the lower price, and calculate your Supplier Revenue Share for any resulting Sales in accordance with this updated price.
Your specified shipping and handling fees for Artworks listed on Artfinder must be an accurate representation of costs incurred in fulfilment of the order. Inflating your shipping and handling fees with a view to avoiding or lessening Artfinder’s commission is strictly prohibited.
3.3 Am I responsible for fulfilling orders placed for Artworks I upload for sale?
It is your sole responsibility to arrange the packaging and shipment of Artworks for delivery to any Customers introduced to you through the Artfinder website. It is your responsibility to research accurate shipping rates and select a preferred courier prior to listing your Artwork. Artfinder will not be liable for any losses incurred as a result of inaccurately quoted rates.
Artworks must be packaged and shipped in accordance with Artfinder’s Packaging and Delivery Guidelines and the timeframe specified on your Shipping Details page. Where these requirements are not met, Artfinder reserves the right to debit any costs associated with resulting customer return or cancellation requests from your Artfinder account balance. Artfinder reserves the right to treat as unfulfilled any orders which have not been marked as shipped beyond the expiration of the timeframe specified on your Shipping Details page.
It is your responsibility to comply with all local tax regulations with respect to any sales completed on the Artfinder site, and to include any required documentation or invoices within packages shipped.
4. ARTFINDER’S OBLIGATIONS
4.1 How will I be notified of orders placed for my Artworks through Artfinder?
When an order has been placed for one of your Artworks you will receive a confirmation notice to your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Customer. You are also able to view outstanding and completed orders from your Orders page in your Seller Dashboard.
4.2 How and when do Artfinder collect payment from Customers for orders placed for my Artworks?
You will only receive an order confirmation email once the Customer in question has successfully submitted full payment for settlement. Payment is held securely by Artfinder in a designated account until confirmation of delivery and expiration of Artfinder’s returns period as stipulated in Artfinder’s current Customer Returns Policy.
4.3 When will Artfinder transfer my revenues for Artworks I have sold to consumers through the Artfinder website?
Your Supplier Revenue Share, defined later in this document, will be transferred to you via your nominated payment mechanism on expiration of Artfinder’s returns period, subject to any required administrative and clearance period and in line with Artfinder’s current Payment Schedule.
Artfinder are entitled to withhold your Supplier Revenue Share for any given Sale if there is, or in Artfinder’s reasonable opinion is likely to be, a dispute with you or a dispute between you and the Customer, until such dispute is resolved to Artfinder’s reasonable satisfaction.
5. RETURNS AND DISPUTES
5.1 Am I obliged to accept requests for the return and refund of my Artworks ordered through the Artfinder website?
By creating Artwork Listings on Artfinder, you agree to offer Artfinder’s current site-wide Customer Returns Policy with respect to any resulting sales. All returns requests submitted by Customers are received, processed and arranged by Artfinder. You will receive immediate notice via your nominated notification email address of any approved returns requests for Artworks you have sold through Artfinder, as well as a further confirmation email once a collection date and service has been arranged.
5.2 Who is liable for the cost of return shipment of Artworks under Artfinder’s return policy?
Artfinder will pay for the return by courier to your nominated returns address of any Artworks returned under Artfinder’s Customer Returns Policy where the stated reason for the return is that the Customer changed their mind.
If any other reason is provided for the return, Artfinder reserves the right to investigate, and to debit any return shipment costs to your account should it reasonably be believed that the return was a result of your breach of either Seller Best Practice Guidelines or Packaging and Delivery Guidelines
5.3 Who is liable for the cost of damage in transit to Artworks ordered through the Artfinder website?
Artfinder will accept no liability for damage to Artworks in transit from you to your Customer. It is solely your responsibility to ensure that you package your Artworks sufficiently and ship them via a service that will minimise the likelihood of damage.
You acknowledge that any postage or shipping guidance provided by Artfinder in the form of help articles or support correspondence comes with no guarantee of safe transit if followed. If you do not secure transit insurance for any Artwork before shipping it, you do so solely at your own risk.
5.4 Who is liable for the cost of Artworks ordered through the Artfinder website lost in transit?
Artfinder will accept no liability for Artworks lost in transit on their way to your Customer. If you do not send your Artworks via a traceable method of shipment, you do so at your own risk and Artfinder reserves the right to issue a full and immediate refund to the Customer on notice of non-delivery within the estimated timeframe.
5.5 Will I be reimbursed for outbound shipping costs for Artworks returned to me?
Where the stated reason for the return of an artwork is that the Customer changed their mind, Artfinder will credit outbound shipping costs to your account in the next available payment run, subject to your production of receipts for costs incurred and Artfinder’s reasonable satisfaction that Seller Best Practice Guidelines were adhered to with respect to the order in question.
6. FEES AND PAYMENTS
6.1 Are there any upfront fees charged on opening an account on Artfinder?
You may list Artworks for sale on Artfinder free of charge. When your artwork is sold to a Customer introduced to you through Artfinder, Artfinder is entitled to charge the commission and fees laid out in the then-current Commission and Fees Policy.
6.2 When is Artfinder entitled to take commission on a sale of one of my Artworks?
Artfinder is entitled to take Commission on any sale of your Artwork or Artworks to any Customer first introduced to your Artworks, or with whom you have first made contact, via the Artfinder website. Any attempts to complete sales or any other monetary transactions initiated on the Artfinder website outside of the Artfinder platform are strictly prohibited, and will result in the suspension or removal of your account.
In any case where Artfinder reasonably believes a sale or monetary transaction initiated on the Artfinder website to have been completed outside of the Artfinder platform, Artfinder reserves the right to debit Artfinder’s commission from your account accordingly.
6.3 How much revenue will I receive from sales completed through the Artfinder website?
Artfinder takes commission and fees on a percentage basis for sales completed through the Artfinder platform, as defined in our Commission and Fees Policy, which is subject to change and incorporated into these Terms by reference. In the event of any change to the Commission and Fees Policy, Artfinder will provide with at least 14 day’s notice by posting the changes on the site.
Your Supplier Revenue Share for any given order is the total amount paid by the Customer less the total commission, fees and taxes due on the order as defined in our Commission and Fees Policy. Unless otherwise expressly agreed by you, any site-wide discounts and promotions offered to customers on the Artfinder platform will be absorbed by Artfinder in full and not affect in any way your Supplier Revenue Share. The only exception to this are artist-generated discount codes generated by artists themselves.
6.4 How will revenues for orders of my Artworks be transferred to me?
Your Supplier Revenue Share will be transferred to you by your preferred payment method as nominated on your Payments page in the next available qualifying pay run in line with our current Payment Schedule. It is your responsibility to ensure that a valid and up to date payment method is specified on your Payments page and that all dispatched orders are marked as shipped on your Orders page. Your Supplier Revenue Share for any given order will not be transferred until these requirements have been satisfied with respect to that order.
7. TERMINATION AND ACCOUNT CANCELLATION
7.1 Under what conditions may this agreement be terminated?
Artfinder 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.
7.2 How can I cancel my Artfinder account?
You may request deletion of your Artfinder Account from your user settings page. On receiving notice of your cancellation request, we will endeavour to remove your Supplier shop from the Artfinder website within 2 working days.
8. FURTHER PROVISIONS
8.1 Website Usage
In no event will Artfinder 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 this site. We make no warranty that this site or the server that makes it available is free of viruses or bugs.
Throughout the Artfinder website, you may find links to third party websites. Please note that Artfinder is not responsible for the privacy policies or content of third party sites.
8.2 User Data
Artfinder is a venue and provides an online marketplace and gallery only.
The Site and Platform are provided on an “as is” basis. Artfinder makes no representations or warranties of any kind to you relating to the Site and Platform to the fullest extent permitted by law.
Artfinder shall not be liable for any damages of any kind including without limitiation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Site and Platform, 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, Artfinder’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 Artwork through the Site or Platform.
You hereby indemnify Artfinder and keep Artfinder and its group companies, 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 Artfinder), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations under these Terms or otherwise arising from a transaction between you and a consumer or your use of the Site and Platform.
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.