1. Introduction to Artscapy
Welcome to the Artscapy Marketplace (the “Marketplace”). These Sellers Terms and Conditions of Sale ("Terms") are an agreement between you, a collector looking to sell artwork on our Marketplace ("you", "your" or the “Seller”) and Artscapy ("Artscapy" or "we" or "our" or "us") that governs your access to and use of our Marketplace, products, and services (collectively, "Services") for the purpose of selling artwork. By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to contact us if you have any questions.
2.3 If you are using the Services on behalf of a company, organization or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, in which case the terms “you” and “your” in these Terms will refer to that entity. In these Terms, “on the Services” means on the Artscapy website and/or (as applicable) on any Artscapy application that you may use.
2.4 From time to time we may change these Terms and it is your responsibility to check the Terms, which apply as at the time of your order.
3. Acceptance of Sellers and Artwork
3.1 Any artwork which you wish to offer for sale is submitted to us subject to our approval.
3.2 We reserve the right to accept, decline or remove any Seller, artwork, or any application made to us without explanation
3.3 You must be aged 18 or over to sell artwork on the Marketplace.
3.4 Artwork is offered for sale on the basis that:
(a) You confirm you are legally able to comply with these terms and conditions and sell such artwork, and that artwork does not breach any copyright, intellectual property rights or the rights of any third party, whatsoever in nature, and the artwork or sale are not contrary to any law.
(b) Where applicable, you are legally required to supply a Certificate of Authenticity for each piece of artwork you offer for sale on or via the Website and agree to include it with the artwork.
(c) You are solely responsible for any artwork that you provide and/or sell and that we have no liability in this regard to any user buying artwork from you or any other party.
(d) You operate a business, which is registered in the same country as your business address and comply with all the law and regulations which apply to that business.
(e) You understand that we operate an online Marketplace and as such are not a party to any sale but merely facilitate sales on behalf of both Sellers and buyers, using the Website.
(f) You will ensure that anything you do will not incur any liability for us and you will not cause us to breach any law, statute or regulation and will, in any event, completely indemnify us against any claim or action whatsoever including, but not limited to, any losses or expenses incurred whatsoever, resulting from your breach of these Terms.
3.5 Whilst our Buyers Terms and Conditions of Sale clarify that buyers are ultimately responsible for any additional charges, including any taxes and duties which may be payable, you agree to take any available steps which minimise those additional charges and duties, provided always that you comply with the law which applies to the individual buyer and their order. This will include, as applicable to your business and the individual buyer and their order:
(a) Holding valid and current registration, required in country that your business is based and for the buyer’s final delivery address, to enable you to complete and deliver the buyer’s order. For example, Economic Operator Registration and Identification (EORI) number.
(b) Registering for and using any applicable schemes which reduce any VAT and/ or customs or other duties payable.
(c) Properly and fully completing relevant processes and/or documents (whether online or otherwise) to reasonably reduce or Zero-rate VAT or assisting a buyer to reclaim any VAT which they have already paid.
(d) Properly and fully completing relevant customs forms and declarations and any other relevant processes and/or documents (whether online or otherwise).
3.6 Artwork must not be offered for sale anywhere else at a price lower than the sale price agreed by you and displayed on the Website – by this we mean the price you set, excluding any discounts. For the avoidance of any doubt, where you offer the same artwork for sale with other websites, we accept that those websites may from time to time make offers (such as a discount for new buyers) which may mean that the price of your artwork with those discounts is lower than the sale price on our website.
3.7 You must provide what we deem to be adequate information about you, your business, necessary financial information and the artwork.
3.8 You must provide clear images of the artwork. This must include at least one clear front shot, one side shot and a close up of the Artist signature. These must be cropped with no surrounding background.
3.9 You understand that you are ultimately solely responsible in relation to all sales and transactions carried out on or as a result of the Website and that you must:
(a) Acknowledge receipt of any communications, including any order from us, within 1 working day;
(b) Fulfil and dispatch any orders and/or provide any services as agreed with the buyer; and
(c) You agree to make a Commission payment for our intermediation services which will be deducted by us automatically from payments made for orders.
3.10 You are not registered for VAT or any other applicable government taxes unless you notify us otherwise by email to email@example.com. We will require you to supply evidence of applicable VAT or other status together with any relevant number/unique identifier. It is also your responsibility to ensure that such records are kept up to date so that, for example, VAT is not charged should you de-register for VAT.
3.11 Unless these Terms specifically state otherwise, all communication from us or any buyer should be via the Marketplace messaging function available on the Website via your dashboard.
3.12 You must not communicate directly with buyers or prospective buyers other than responding to communication on the Website, to despatch artwork or as we otherwise direct and agree in writing. This includes not placing any advertising and/or promotional information in with packages when you send artwork to buyers.
3.13 Otherwise, you will assist with and provide full customer services to all buyers and deal with consumer cancellations, complaints, returns and any other issues which may occur with any sale of artwork or through our Website, taking into account any legislation and within our terms and conditions and policies and any legal rights which an individual buyer may be entitled to rely on, for example, cancellation rights.
3.14 All images and information which you supply to us must be accurate and up to date and in the format we require.
3.15 We reserve the right to edit any artwork/information supplied without notification.
3.16 You will inform us by email to firstname.lastname@example.org at least 7 days in advance of:
(a) Any changes to your information; and
(b) When any artwork is no longer available for sale; and
(c) Any periods when you will be unable to fulfil your obligations to supply.
3.17 When you provide us with images and/or information about artwork, the original ownership rights remain. You do specifically agree that we have a non-exclusive, worldwide, and payment and royalty-free sub-licensable licence for the whole of any period to display the images and/or information and to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your images and/or information or any part thereof as necessary, solely for the purposes of displaying artwork, providing you with services and operating the Website. Unless otherwise agreed in writing, this licence will be terminated when the images and/or information is entirely deleted from the Website.
3.18 Although you retain ownership of any images of artwork which you upload or provide to us, you specifically provide your express permission to us and any users of the Services to use those images of artwork on social media for promotional purposes, for example, to share an image which they like on Facebook and Twitter.
3.19 We may ask you to assist with marketing your artwork and the website. For example we may ask you to write a blog or provide professional advice.
3.20 You will ensure that your obligations under these Terms shall be placed in priority to any other obligations and will be carried out in a professional manner with reasonable care and skill.
3.21 You understand that this is not an exclusive agreement and that you are not entitled to any rights or benefits whatsoever that employees may have and that at all times you will keep us indemnified against all actions, claims, demands, assessments, liability, costs and expenses arising in respect of any allegation of employment.
3.22 You are responsible for any registration, completion of any forms and documentation and the payment of any tax and national insurance contributions and any similar Government or properly imposed liabilities which may be payable as a result of any payments made to you by us or via or because of the Website. You will provide evidence of self-employed status or limited company incorporation to us as we may request from time to time.
3.23 Artscapy facilitates due diligence on assessing the authenticity of artworks for sale, but does not assume liability for guaranteeing the authenticity of the artwork
3.24 Artwork sold on Artscapy, whether by individual or professional Sellers, are sold 'as-is', with the condition descriptions as advertised by the Seller. Professional Sellers (galleries, auction houses, dealers etc.) may have their separate conditions of sale and when agreeing to purchase artworks from such sources, those conditions of sale shall apply.
3.25 Sellers upload information about their artwork and we rely on this together with any images they upload. We make every effort to ensure that anything displayed on our Website, including any content or any email or information sent to you, is displayed as accurately as possible in accordance with the Seller’s upload but we cannot be responsible for variations. What you see (particularly in so far as colours and shapes are concerned) depends on your monitor and settings and we cannot guarantee that this will be accurate or to scale.
4. The Marketplace
4.1 Artscapy utilises an online Marketplace, we bring together art institutions, galleries, museums, auction houses, dealers and collectors who buy and sell unique artwork, using the Website, which is owned and operated by us, Artscapy Limited.
4.2 All property in the Marketplace is offered for sale and sold directly from the Seller to the buyer, and we are not a party to any sale.
4.3 We may facilitate communication between buyers and Sellers in connection with some property. However, we are not the agent of any buyer and we are not the agent of any Seller for any purpose.
4.4 If you are using the Marketplace on behalf of a company, organization or other legal entity, you represent and warrant that you are authorized to bind that entity to these Conditions, in which case the terms “you” and “your” in these Conditions will refer to that entity.
4.5 At our discretion, we may review behaviour and messages where we believe Sellers have attempted to circumvent the Marketplace for completing the sales transactions for the purpose of avoiding to pay commission charges. Artscapy maintains the right to prevent users from sharing contact information across the platform.
5. Payment and Commission
5.1 Artscapy does not manage the transactions on the Marketplace, but rather connects buyers and Sellers who in turn transact across their chosen payment method (PayPal P2P, bank transfer). Artscapy does not escrow the transaction amounts during the period from sale to item receipt.
5.2 Transactions executed using PayPal (our recommended method), offers fraud protection through its buyer and Seller protection. Artscapy does not assume liability or responsibility in the event of fraudulent transactions.
5.3 When you use the Website to list artwork you agree to make a Commission payment for our services (as a Marketplace tool) when you make a sale. Commission payments consist of a fixed and agreed fee for each sale you make via the Website.
5.4 You will provide a sale price for each piece of artwork, taking into consideration the cost of producing the work, your status, standard delivery/postage and packaging costs, payment provider costs, currency exchange costs and any other factors you deem appropriate. All prices should be in GBP.
5.5 In consideration for the sale of artwork to a buyer, as a member of Artscapy, you agree that we will deduct, based on your membership level at the time of sale, a percentage of the total sale price as commission for using the Artscapy Marketplace. This includes any VAT which may be payable. Details of membership levels can be found here.
5.6 Commission payments are in GBP as shown on our commission invoice to you. This includes payment processing, admin, advertising and any VAT which may be due.
5.7 Our Commission payments will be deducted by us automatically and our invoices will be emailed to you as payment is due.
6. Remedies for Non-Payment
6.1 If the buyer for any reason cancels or otherwise fails to pay the Total Purchase Price with respect to any property by the Payment Deadline of 10 working days, the buyer will be in default ("Buyer Default") and will be liable for payment of such Total Purchase Price and any other applicable charges.
6.2 In the event of Buyer Default in connection with any property, without limiting any other rights or remedies available to us or the Seller, the Seller may cancel the sale of such property to the defaulting buyer and resell such property publicly or privately on terms the Seller thinks fit, and the defaulting buyer will be liable for payment of any deficiency between the resale price obtained by the Seller and the purchase price originally owed by the defaulting buyer.
6.3 In any case, the defaulting buyer will be liable to us and the Seller for any and all costs, expenses, and damages of whatever kind incurred in connection with such buyer Default, the collection of any amounts due from the defaulting buyer, and/or (if applicable) the resale of the property at issue.
6.4 Artscapy does offer resolution support and will ban any fraudulent or disingenuous users brought to our attention. Artscapy will also collaborate with relevant authorities to prevent and report fraudulent behaviour
7.1 Unless agreed otherwise in writing in respect of any individual sale to a buyer, you agree to organise standard delivery to the buyer no later than 5 days from the date of the Order Confirmation. You must inform buyers immediately should there be any delay in delivery.
7.2 Any contract regarding delivery is between you and the carrier you use for delivery. You are responsible for rectifying any delivery problems such as damage and non-receipt. We will not be liable nor compensate for any loss or damaged artwork
7.3 Unless otherwise agreed in writing, all artwork sent must be fully insured against damages and require a signature upon delivery.
7.4 All artwork must be packaged to a professional standard, be fully labelled, clear and concise and contain your invoice/receipt and the certificate of authenticity.
7.5 Failure to comply may result in instant removal of your artwork and termination of our agreement.
8. Problems with Sales, Damages, Returns and Refunds
8.1 Any artwork damaged during transit must be collected by you/your carrier at your own expense. Furthermore, it is your responsibility to make a claim with the carrier for or any dispute or damage.
8.2 You must offer the buyer a repair, replacement or full refund or and you will not receive any payment of the percentage of the sale price due to you unless the artwork is replaced to the buyer’s satisfaction.
8.3 Unless we agree otherwise, if the buyer returns artwork for any reason other than it is faulty or damaged, then it is returned at their own expense.
8.4 Where a buyer has a problem with their order (including regarding payment and VAT any other taxes or duties payable), makes a complaint or requests a refund then you agree to work with them to resolve this, taking into account any legislation and within our terms and conditions and policies.
8.5 Where you do not or cannot resolve an issue to the buyer’s satisfaction within 7 days of their first contact with you and they contact us for assistance/resolution then you understand and agree that any final decision rests entirely with us and is at our own discretion.
8.6 You agree to tell us by email to email@example.com within 3 days of receipt/decision:
(a) Of any complaint or refund request made by any buyer;
(b) Of your decision as to resolving any buyer’s complaint or refund request and whether the buyer has accepted your resolution; and
(c) When you agree to make a refund (in full or part) to a buyer and, where relevant, provide confirmation and evidence if/when you make a refund to a buyer. Only payment amounts made for artwork through our Website can be refunded.
8.7 You understand and agree that refunds made to buyers are entirely your responsibility and that you are ultimately responsible for making any refund.
8.8 If you agree to make a refund (full or part) to a buyer then you must notify us within 2 working days of advising the buyer that you intend to affect a refund, providing details of the amount to be refunded taking into account any reimbursed postage/shipping and any additional charges paid for by the buyer in returning goods to you. This will enable us to help you to comply with the relevant buyer’s statutory rights.
8.9 Refunds are made to buyers using the same method of payment which they used when paying for their order.
8.10 Artscapy does offer resolution support and will ban any fraudulent or disingenuous users brought to our attention. Artscapy will also collaborate with relevant authorities to prevent and report fraudulent behaviour.
9. Limitations of Liability
9.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
9.3 To the maximum extent permitted by law, Artscapy accepts no liability for any of the following:
(a) Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
(b) Loss or corruption of any data, database or software; or
(c) Any special, indirect or consequential loss or damage.
11. General Terms
11.1 We reserve the right to modify, amend or change these Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.
11.2 If you do not accept any Change to the Terms, you should stop using Artscapy immediately. Your continued use of Artscapy following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
11.3 If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
11.5 No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
11.6 Nothing in these Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.