These terms and conditions form a legally binding agreement between you Gallery ArtClub, the supplier of the Service. Your statutory rights are not affected.
We are: Gallery ArtClub, , Calle Quemada, 8-10 . 29640 Fuengirola, Málaga. Spain.
You are: a user of our services.
“Us/Our/We” means Gallery ArtClub.
“You/Yours” etc. means you, a user of our services.
“Site/Sites” means web site galleryartclub.com or any other sites owned and controlled by Us.
“Artwork/Artworks” means artwork/craftwork owned and controlled by You for the purposes of selling through the Site/gallery.
“Service” means the process of displaying/marketing/selling your Artwork through the Sites/gallery.
2 Acceptance of Artist
2.1 We reserve the right to accept or decline Your application to market Artworks through Us. Your application includes Your acceptance of these terms and conditions.
2.2 You warrant that all information supplied to Us is accurate, and up to date.
2.3 You agree to have Your artworks and descriptive information displayed on the Site/given to the gallery.
2.4 You will inform Us of any changes in the information stored by Us including name, address and contact details, pricing of Artworks, and the Sold status of Artworks.
3 Acceptance of Artworks
3.1 We reserve the right to accept or decline Your application to market any Artwork through Us for any reason.
3.2 If a sale is made you are entering into a legally binding contract with Us to complete the sale and despatch the artwork in the agreed time.
4.1 You may market Your Artwork through other channels simultaneously with marketing through Us, provided:
4.1.1 this does not affect Your ability to deliver the Artwork to the Customer within the specified time.
4.1.2 You do not offer Your Artwork at a price lower than the price which You are offering it through Us.
4.2 If the Artwork is sold through another channel You will immediately remove it from sale on the Site.
5.1 You warrant that all work sold through Us is free of any copyright restrictions or intellectual property disputes. You warrant the Work is Yours to sell.
5.2 The copyright in the Artwork will remain with You even after ownership of the Artwork is transferred to the Customer.
6 Illustrative Images
6.1 You must supply at least two high-quality digital Images of each Artwork You wish to sell through Us: a Gallery Image and a Detail Image. The Images must be in JPEG format. The Gallery Image will show the entire artwork including frame (if framed). The minimum pixel width of the Gallery image will be 600 pixels. The Detail Image will show a portion of the Artwork to illustrate the grain of the canvas. The width of the Detail Image will be at least 600 pixels.
7 Pricing and Artwork particulars
7.1 You will choose the normal price which the Artwork should be sold for. This price must be inclusive of VAT (if applicable) and Your delivery and insurance costs and Our commission. Our commission rate will normally be 35% for work marketed and sold online and 50% if the work is being held for exhibition in one of our physical venues.
7.2 We will, from time to time, agree to discount work and/or use discount codes up to a normal maximum of 15%. All artists are required to agree to accept such discounts on the selling price.
7.3 Once accepted You agree to sell the Artwork at the agreed price.
8 Delivery, packaging and insurance
8.1 You are responsible and liable for costs of all materials, packaging, delivery and insurance costs. These costs cannot be reclaimed from Us under any circumstances and should be taken into account when pricing Your Artworks.
8.2 You will ensure that Artworks are securely packaged, labelled and adequately insured for safe delivery to the Customer.
8.3 You will not include any contact details that would encourage the customer to deal directly with You in the packaging, such as business cards, leaflets, letters of solicitation for business etc.
8.4 You will package and arrange delivery of Artworks to the Customer within a maximum of five working days of receiving the order.
8.5 Should You become aware of any reason why an Artwork that has been ordered from You may not be received by the Customer within 5 days, You will notify Us immediately of the reason for and expected length of the delay. We will attempt to contact the customer and in some cases may offer a refund to the Customer resulting in the cancellation of the order from You.
9 Returns and damaged goods
9.1 In the event of the Artwork arriving damaged with the Customer, You will be liable for the costs of retrieving the Artwork.
9.2 You will claim any costs in retrieving the Artwork through the insurance cover provided by Your chosen courier. We will not accept claims for reimbursement in the event of damage to Artworks under any circumstances.
9.3 You accept that if You have not taken adequate insurance, You will be liable for the costs of retrieving the Artwork.
9.4 You accept that the Customer may return the Artwork(s) within 14 days of receipt, and this will consitute cancellation of the order. We will not accept liability for Your delivery expenses in this instance.
10 Payment for Artworks
10.1 Should Your Artwork(s) be sold We will raise a purchase invoice for the Price. The Invoice will be paid by Us no sooner than 28 days after We have confirmed delivery of the Artwork(s) to the Customer.
10.2 Payment will be made by bank transfer.
11 Ownership of Customer relationship
11.1 You agree that the business relationship between the Customer and Us is entirely owned by Us. You will not approach the Customer directly or correspond with the Customer in any way, except with express written authorisation from Us. You will not sell directly to the Customer or allow a direct relationship to develop between You and the Customer that could be detrimental to Us. You will not pass Your contact details to the Customer, including in Artwork packaging.
11.2 In the event of a return or damaged goods claim, we will release Your details to the Customer.
12.1 You agree to defend, indemnify, and hold harmless Us, Our officers, directors, employees, agents, and third parties, from your use of the service, including any violation of these rules.
12.2 We provide this service on an “as-is” basis without warranty of any kind including the implied warranties of merchantability and fitness for a particular purpose.
12.3 This Agreement is entered into in Spain and shall be governed by, and shall be construed in accordance with, Spanish law. The courts of Spain shall have jurisdiction to hear and determine any cost, action or proceedings, and to settle any disputes which may arise out of or in connection with these rules and you irrevocably submit to the jurisdiction of such courts.
12.4 We reserve the right to change artist terms and conditions, as necessary to support our business objectives, by giving a minimum of 28 days notice in an artists’ newsletter.
12.5 Using the service constitutes acceptance of these rules.
All rights reserved.
Terms and conditions – Gallery Art Club