Gallery Terms & Conditions
Gallery Artists Terms & Conditions.

These terms and conditions form a legally binding contract between you the artist and The Watercolour Artist.com the supplier of the service. The service being-providing being the use of an online gallery page/pages for you to market your artwork and acceptance on your behalf of payment for such works. Your statutory rights are not affected.

1. Acceptance of the Artist

1.1 The Watercolour Artist.com reserve the right to accept or decline your application to market any artwork through The Watercolour Artist.com at our sole discretion. Your application includes your acceptance of these terms and conditions and use of the service constitutes acceptance of these rules.

1.2  You will ensure that all information supplied to The Watercolour Artist.com regarding you the artist and any artwork you wish to market through The Watercolour Artists.com is accurate, cannot be construed as misrepresentation in any way and up to date and agree to inform The Watercolour Artist.com of any changes to this information immediately.

1.3 You agree to have your artist profile, artworks and descriptive information displayed online by The Watercolour Artist.com. You also agree to have your personal details passed to the purchaser of any artwork in the event of any dispute.

1.4  You agree that The Watercolour Artist.com are employed solely as agents to market your artwork and that any dispute arising from information being inaccurate or misleading including but not limited to images displayed on the site shall be your sole responsibility.

1.5  If a sale is made you are entering into a legally binding contract with The Watercolour Artist.com to complete the sale and dispatch the artwork to the purchaser in the agreed time frame(which is within seven days of receiving notification of the sale by The Watercolour Artist.com).

2.  Artwork details, pricing, delivery and insurance

2.1You agree to supply The Watercolour Artist.com with images that will provide an accurate representation of your artworks online with accurate image sizes and descriptions.

2.3 You will choose the price which your artwork will be sold for. This price will be inclusive of VAT(if applicable), your mounting and framing costs(if applicable), your delivery and insurance costs.

2.4 You are solely responsible and liable for the cost of all materials, packaging, and delivery and insurance.

2.5 You will ensure that artworks are securely packaged, labelled and adequately insured for safe delivery to the customer and that the artwork will arrive with the customer within seven days of your receipt of notification of the sale by The Watercolour Artist.com.

2.6 Should you become aware of any reason why an artwork that has been purchased from you through The Watercolour Artist.com will not be delivered within the agreed time frame you will inform The Watercolour Artist.com immediately of the reason and the expected length of the delay. The Watercolour Artist.com will then attempt to contact the customer and in some cases may offer the customer a refund which may in turn result in the cancellation of the transaction.

3. Non-exclusivity

3.1 You may market your artwork through other avenues simultaneously with marketing through The Watercolour Artist.com provided as long as this does not affect your ability to deliver the artwork within the agreed time to a customer of The Watercolour Artist.com and that you do not offer your artwork at a lower price than you have displayed on your gallery page/pages on The Watercolour Artist.com.

3.1.3 You inform us immediately if you sell through another avenue any artwork displayed on The Watercolour Artist.com so that we may remove it from your gallery page/pages.

4.  Copyright

4.1 You will ensure that any artwork you intend to market through the The Watercolour Artist.com is free from any copyright restrictions or intellectual property disputes and that the work is yours to sell.

4.2 The copyright in the artwork will remain with you the artist even after ownership of the artwork is transferred to the customer.

4.3 You give us The Watercolour Artist.com license to use images of your artwork solely for the promotion of you the artist and the website The Watercolour Artist.com. We may occasionally in addition to this use your images in printed or video format for the same purpose however we will inform you of our intentions to do this in advance.

5.  Payment for Artworks

5.1  Payment to the artist for artwork sold through The Watercolour Artist.com gallery will be made either by Paypal transfer,cheque or bacs transfer after a period of 14 days has elapsed.

6. Returns or damaged goods

6.1 In the event of the artwork arriving damaged with the customer you will be liable for the costs of retrieving the artwork and you will claim any costs in retrieving the artwork through the insurance cover provided by your chosen courier. If you have not taken adequate insurance you will be liable for the costs of retrieving the artwork.

6.2 You accept that the customer may return the artwork within 7 days of receipt and this will constitute a cancellation of the order. The Watercolour Artist.com will not accept liability for your delivery expenses in this instance. In the event of a return or a damaged goods claim we will release your details to the customer.

7.  Ownership of the customer relationship

7.1 You agree that the business relationship between the customer and The Watercolour Artist.com is entirely owned by The Watercolour Artist.com and that you will not approach the customer directly or correspond with the customer in any way without express written authorisation from The Watercolour Artist.com. 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 The Watercolour Artist.com.

8. Disclaimer

8.1 You agree to defend, indemnify, and hold harmless The Watercolour Artist.com, its officers, employees, agents and third parties from your use of the service, including any violation of these rules.

8.2 The Watercolour Artist.com provide the online gallery service on an "as-is" basis without warranty of any kind and reserve the right to refuse, restrict, change or withdraw the service at any time without notice.

8.3 This agreement is entered into in England and shall be governed by, and shall be construed in accordance with English law. The courts of England 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.  All rights reserved.

Updated 15th May 2010
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All rights reserved © The Watercolour Artist.com
All rights reserved © The Watercolour Artist.com
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