1.1. 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 Belper Arts ( we, us, our) under these Terms to sell it (Seller, you, your) may be offered for sale and sold on the website and systems accessible at www.belperarts.org (Platform). Any words or expressions used in these Terms that begin with a capital letter which are not otherwise defined where they first appear shall have the meaning given to them in Clause 1.5.
1.2. Our details and how you can contact us
Belper Arts is a partnership in England and Wales with our registered office at 37, Leche Croft, Belper, Derbyshire, DE56 0DD, United Kingdom. Our principal activities are the organisation of events, production of promotional material in the arts sector and the provision of an online art marketplace displaying authentic Artworks for sale.
If you have any questions, concerns or complaints, you can email us at firstname.lastname@example.org, use the Platform’s ‘Contact us’ page or write to Belper Arts at 37, Leche Croft, Belper, Derbyshire, DE56 0DD, United Kingdom.
As soon as we receive any complaint, action will be taken to rectify the problem. If you contact us by post or email we will reply by email. If you contact us 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:
The page and its contents on which an Artwork is offered for sale by a Seller on the Platform.
A generic term to cover items listed by Sellers on the Belper Arts Platform
Any text or imagery contributed to and hosted on the Platform
• Gross Sale Proceeds
• Net Sale Proceeds
The monies due to a Seller under these Terms with respect to the sale of an Artwork concluded via the Platform
1.4. You appoint us as your commercial agent
Except as otherwise expressly provided in these Terms, we are not the agent, intermediary or other representative of the Seller. We are not a fiduciary or trustee of the Seller.
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.
• Buyer Terms and Conditions
• Fees and Payments Policy
• Sales and Returns Policy
• Packaging and Delivery Guidelines
Belper Arts cannot accept returns in its office location on behalf of Sellers.
Belper Arts reserves the right to alter these Terms or other Platform 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 Platform.
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 Belper Arts.
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 Platform.
2. CONTENT AND ELIGIBILITY
2.1. What requirements must I meet to be eligible to sell on the Platform?
You must be over 18 years of age to become a Seller on the Belper Arts Platform. By accepting these Terms you represent and warrant that you are at least 18 years of age.
You additionally warrant that all information you provide to Belper Arts, 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. What is the status of my profile on the Platform?
You, not us, shall be responsible for (a) compiling and retaining permanent records of all Sales and other data associated with your use of the Platform, and (b) reconciling all payments in relation to the Sales. Upon the termination of these Terms for any reason, we shall have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with any Sales.
2.3 Must I be the creator of the Artworks I send you to upload?
You warrant that you are the creator and sole and exclusive owner of all Artworks displayed on the Belper Arts Platform 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 Platform.
2.4. What restrictions apply to the Artworks I may sell on the Platform?
All Artworks represented for sale on the Belper Arts Platform must be one-of-a-kind or limited edition original artworks or derivatives of said artwork.
2.5. What restrictions apply to the Content I may upload to the Platform?
You acknowledge and agree that you are solely responsible for all Artwork Content you send for upload to the Belper Arts Platform. You may not upload Artwork Content or any other materials which Belper Arts reasonably believes to be:
• 1.offensive, including material that incites racial hatred or promotes discrimination;
• 2. obscene or pornographic; or
• 3. 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.
Belper Arts reserves the right to remove any Content or Artwork Listings from the Platform at any time in its sole discretion.
2.6 How and when are Belper Arts permitted to use my content?
By registering with Belper Arts and becoming a Seller and providing Artwork Content you grant Belper Arts 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 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 Belper Arts to use your content for the promotion of the Platform. Belper Arts does 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 Net Sale Proceeds, payable only upon the sale of an Artwork through the Platform, 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 Platform 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 Sale is made, Belper Arts reserves the right to debit any costs associated with resulting Customer return requests from the Gross Sale Proceeds.
3.2. Are there any restrictions in place on how I may price my Artworks?
The price stated in each of your Artwork Listings ( Price) 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 on consignment.
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 Platform. It is your responsibility to research accurate shipping rates and select a preferred courier. Belper Arts will not be liable for any losses incurred as a result of inaccurately quoted rates.
Artworks should be packaged and shipped in accordance with Belper Arts Packaging and Delivery Guidelines. You should despatch items within 7 days of receipt of a sale notification from Belper Arts. Belper Arts reserves the right to treat as unfulfilled any orders you have not notified us about via email to email@example.com
It is your responsibility to comply with all local tax regulations with respect to any sales completed on the Platform, and to include any required documentation within packages shipped.
3.4. Can I offer custom or bespoke Artworks?
Yes, you may discuss the scope, requirements, timeline and budget of an order for custom or bespoke Artworks outside of the Platform. Once you have agreed the specification with the Customer, you can notify us by emailing us to firstname.lastname@example.org if you wish the sale to be conducted through the Belper Arts Platform.
3.5. What happens if the Customer chooses to have the Artwork(s) framed by a third party frame supplier?
If the Customer has purchased a frame from a third party, you should discuss with the Buyer directly what the implications of this will be, if any. Framing does not affect Customer’s right to cancel and return the Artwork and the Seller’s obligation to accept such a return of the Artwork.
4. BELPER ARTS OBLIGATIONS
4.1. How will I be notified of orders placed for my Artworks through Belper Arts Platform?
When an order has been placed for one of your Artworks we will send you a confirmation notice to your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Customer.
4.2. When will Belper Arts transfer my revenues for Artworks I have sold to consumers through the Platform?
Your Net Sale Proceeds will be transferred to your Nominated Payment Account after receipt of email notification that you have despatched the artwork to the customer.
5. RETURNS AND DISPUTES
5.1. Am I obliged to accept requests for the return and refund of my Artworks ordered through the Platform?
By creating Artwork Listings on the Belper Arts Platform, you agree to offer Belper Art’s current Platform-wide Sales and Returns Policy with respect to any resulting sales. All returns requests submitted by Customers are done directly with yourself, the Artist. This includes any costs associated with return requests and making a refund to the Buyer
5.2. Who is liable for the cost of damage in transit to Artworks ordered through the Platform?
Belper Arts 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 Belper Arts 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.
5.3. Who is liable for the cost of Artworks ordered through the Platform lost in transit?
Belper Arts 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
5.4. Will I be reimbursed for outbound shipping costs for Artworks returned to me?
There will be no refund of any shipping costs incurred from Belper Arts if Artworks are returned to you in any circumstance.
6. FEES AND PAYMENTS
6.1 Are there any upfront fees charged on opening an account on the Belper Arts Platform?
You may list Artworks for sale on the Belper Arts Platform having registered via email with Belper Arts and paid the one-off fee of £15.
When your Artwork is sold to a Customer introduced to you through the Belper Arts Platform, Belper Arts will not charge commission fees.
6.2. How much revenue will I receive from sales completed through the Platform?
Belper Arts will receive the Gross Sale Proceeds minus the payment processor fees for each transaction so will only be in receipt of Net Sales Proceeds. In the event of any change to the Fees and Payments Policy, Belper Arts will provide with at least 14 day’s notice by posting the changes on the Platform. Your Net Sale Proceeds for any given Sale is the Gross Sale Proceeds based on the Price at which the relevant Artwork(s) is sold under the Contract, less the payment processor fees due in relation to the Sale as defined in our Fees and Payments Policy
6.3. How will revenues for orders of my Artworks be transferred to me?
Belper Arts will transfer monies due to you (your Net Sales Proceeds) as soon as practicable after Belper Arts has received confirmation that the Artwork has been despatched to the Buyer. Please bear in mind that the Buyer still has 14 days to change their mind upon receipt as per the law in the UK.
7. TERMINATION AND ACCOUNT CANCELLATION
7.1. Under what conditions may this agreement be terminated?
Belper Arts may, in its sole discretion, terminate this agreement, access to the 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 Belper Arts listing?
You may request deletion of your Belper Arts profile and listing by email to email@example.com . On receiving notice of your cancellation request, we will endeavour to remove your Seller shop from the Platform within 2 working days.
8. FURTHER PROVISIONS
8.1. Website Usage
In no event will Belper Arts 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 Platform. We make no warranty that this Platform or the server that makes it available is free of viruses or bugs.
Throughout the Platform, you may find links to third party websites. Please note that Belper Arts is not responsible for the privacy policies or content of third party sites.
8.2. User Data
Belper Arts is a venue and provides an online marketplace and gallery only.
The Platform is provided on an “as is” basis. Belper Arts makes no representations or warranties of any kind to you relating to the Platform to the fullest extent permitted by law.
Belper Arts 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 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, Belper Arts 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 Platform.
You hereby indemnify Belper Arts and keep Belper Arts and its group companies, third party sellers and partners at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of Belper Arts), 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 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.