Seller Terms and Conditions

Valid from 01 July 2018

What are these Terms about?

These terms and conditions, together with the policies expressly referred to within ( Terms) govern how any artwork (Artwork) owned by a person registered with art4gift (art4gift, we, us, our, Site ) under these Terms to sell it (Seller, Vendor, you, your) may be offered for sale and sold on the website and systems accessible at www.art4gift.com (the site).

What requirements must you have met to be eligible to sell on the Platform?

You must be over 18 years of age to become a Seller on the art4gift Site. 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 art4gift, 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.

Offering to sell works on the Site

As a Vendor on the art4gift Site, you may submit listings of products for original artworks ( included digital of art ) that you have personally created and that you desire to sell through the Site. You may not submit listings for original artworks ( included digital of art ) that were created by another artist.

Your listings must be accurate and complete and comply with art4gift then-current listings content guidelines. art4gift reserves the right to edit any listings to ensure that they comply with these guidelines.

Responsibility for Works

You acknowledge and agree that you are solely responsible for all original artworks ( included digital of art ) that you make available through the art4gift Site.

You represent and warrant that:

  1. as to original artworks that you make available through the art4gift Site, you are the creator of all such original artworks and you are the sole and exclusive owner of all such original artworks

  2. as to original artworks ( included digital of art ) that you make available through the Site and Services, you are either the sole and exclusive owner of all such original artworks ( included digital of art ) or you have all rights, licenses, consents and releases that are necessary to grant to art4gift the rights in such Digital Works as contemplated under these Terms

  3. neither the original artworks ( included digital of art ) that you make available through the Site nor art4gift’s use and exploitation thereof as contemplated under these Terms 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.

All artworks listing for sale on art4gift must be classification to be one-of-a-kind or limited edition original artworks with a maximum edition of 100 or an open edition reproduction print. 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. An open edition reproduction print we also recommended to be signed by the artist on an each sold copy of a print.

Restrictions to the content on the site.

You acknowledge and agree that you are solely responsible for all artwork content you upload to art4gift. You may not upload artwork content or any other materials which art4gift reasonably believes to be:

  1. 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;

  2. offensive, including material that incites racial hatred or promotes discrimination;

  3. obscene or pornographic.

Art4gift reserves the right to remove any content or artwork listings from the site at any time in its sole discretion.

Internet Sales

All content of artworks submits by you on the site, give appoint art4gift as an independent nonexclusive agent with the right to promote such original artworks through the site and third-party services. You grant art4gift to non-exclusive, royalty-free, sublicensable right and license to access, view, use, copy, reformat, distribute, publicly display, publicly perform and transmit your content of artwork via online and physical sales distribution channels. Including the site and third-party sites and platforms in any media now known or not currently known.

The above right and license are solely for the purpose of enabling art4gift to use your content of artworks for the promotion of the site. You acknowledge that the only compensation you will receive for such license, if any, will be in the form of the Net Sale Proceeds, payable only upon the sale of artwork through the site.

Notified of customers orders placed through on the site

When an order has been placed for one of your listings you will receive a confirmation notice to your nominated notification email address. You are also able to view outstanding and completed orders from your Orders page in your Seller Dashboard.

Shipping of artworks

It is your sole responsibility to arrange the packing and shipment of artworks for delivery to any customers introduced to you through the site. You are responsible for providing accurate shipping weight, shipping dimensions.

You are a responsibility to research accurate shipping rates and select a preferred courier prior to listing your Artwork. Art4gift will not be liable for any losses incurred as a result of inaccurately quoted rates.

Artworks must be packaged and shipped in accordance with good manner packing, careful and delivery timeframe specified on your shipping details page. Where these requirements are not met, art4gift reserves the right to debit any costs associated with resulting customer return or cancellation order requests from net sale proceeds. Art4gift 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 site and to include any required documentation or invoices within packages shipped.

Art4gift is no responsibility for any loss or damage on the order shipping process from you to customers. You are obligated to provide a tracking number and decide about insurance of the parcel. We are strongly recommended to make insurance any parcels.

Payment from customers

We will send to your nominated email address a confirmation notice when a customer places an order. After placing an order you must:

  • Packing and send the artwork ( artworks ) from the order using a tracked delivery method and give us via the site tool information that you have Order Dispatch Confirmation.

  • If you can't realize the order you must give as quick as you can information that you can't finalize the order. We need to give notice to the customers that the order will not proceed.

Payment is held securely by art4gift in an account pending transfer to seller designated account until period time under Payments Schedule.

Transfer revenues for sold Artworks on the site

The seller net sale proceeds are paid for both the artwork ( artworks ) and the shipping price on a bi-monthly basis during the next available payment cycle and after the 14 days, returns policy has expired. We payout days are the 1st ( if this is a bank holiday we pay the first day after ) and 15th ( if this is a bank holiday we pay the first day after ) of each month.

Statements of artworks sold are provided on the one day before a payment schedule each month if any artworks have been sold.

All revenue is transferred to the seller via PayPal. Please make sure that you provide on the site a valid and current your PayPal account email address. Your revenue will come from support@art4gift.com

Art4gift take off 20% of commission from each order.

Art4gift does not withhold taxes or provide any tax forms. The seller is responsible for filing taxes from all income received.

The revenues payment for the seller can be held by us when you have a dispute between you and the customers until such dispute is resolved.

Returns

If you come as the seller to the site art4gift and sell your artworks, you agree to offer art4gift current the site customer return policy. You will receive immediate notice via your email address which you provide in the site of any approved returns requests for orders you have sold through by art4gift, as well as a further confirmation email once a collection date and service has been arranged and collected.

Buyer will pay for the return by courier to your nominated returns address of any artworks returned under art4gift customer return policy where the stated reason for the return is that customer changed their mind.

If any other reason is provided for the return, Art4gift reserves the right to investigate, should it reasonably be believed that the return was a result of your breach of the seller.

Seller account cancellation

Art4gift may, in its sole discretion, terminate this agreement, access to the site 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.

Request to delete seller account

You may request deletion of your art4gift seller account from your seller settings page on te site. When the administrator of the site receiving notice of your cancellation request, we will endeavor to remove your seller account from the site within 5 working days.

Another provision

In no event will Art4gift 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 the site. We make no warranty that this the site or the server that makes it available are free of viruses or bugs.

Throughout the site, you may find links to third party websites. Please note that art4gift is not responsible for the privacy policies or content of third party sites.

To the extent that personal data is supplied by users or seller to art4gift, such data shall be owned by art4gift and subject to the then effective Privacy Policy of art4gift, the Data Protection Act 1998 and any other applicable law or regulation in the relevant jurisdiction. Where you receive personal data from users of the site, you will comply with all applicable law and regulation, the art4gift Privacy Policy and all other instructions of art4gift.

Art4gift is a venue and provides an online marketplace and gallery only. The site is provided on an “as is” basis. Art4gift makes no representations or warranties of any kind to you relating to the site to the fullest extent permitted by law. Art4gift 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 use of the site, 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, Art4gift'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.

You hereby indemnify art4gift and keep art4gift 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 art4gift), 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.

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.

Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copywriting.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information. Copyright ©. All rights reserved.  All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Address: 13 Norman Road, Grimsby DN34 4AT, United Kingdom

Email: support@art4gift.com