Artfan Terms and Conditions of use
Buyer Terms and Conditions
www.artfan.co.uk (the Website) is a place which enables
Buyer to buy original artwork directly from Artists.
By placing an order on the website Buyer (referred to as “You”) are in agreement of with Artfan (referred to as “we” “our” “us” or Artfan) terms and conditions.
“We”, “Us”, means the organisation that supplies and owns this Website: www. artfan.co.uk (email address email@example.com)
“Website” means the website and all content at www.artfan.co.uk
“Artist” means any person who displays artwork for sale on the Website.
“Artwork” means the pieces of artwork/products which a Buyer agrees to buy from the Artist using the Website.
“Buyer” means the person or organisation who uses the Website and may buy artwork.
“Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
“Made to Order'” is artwork which is painted/made for the Buyer based on an original piece of artwork which the Buyer likes. They will be similar to the original but, because of their very nature, will have variations in the design and colour, and no two paintings will be exactly the same in appearance. Made to Order Artwork will not be an exact replica of the original.
“Order Confirmation” means the email confirming the Buyer’s order and will confirm such details as what the Artist has agreed to supply, the price and expected the delivery date.
Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a Consumer.
Artists and Buyers who buy and sell unique artwork using our Website services which means that you are buying directly from the artist.
Details of the artwork for sale are displayed on the Website. If you need any other information or you have any queries, you can email us firstname.lastname@example.org before placing your order.
If an Artist is unable to supply any artwork then we will offer an alternative or cancel the order, and you will be provided with a full refund within 14 days.
Commissions: the Artist will agree on a price for a commission, based on your requirements. 50% of the agreed price is payable once an order is placed by you. You will then be sent images for approval. You can approve images by emailing us at email@example.com. Once you approve an image then you are not able to cancel a Commission.
Made to Order – once artwork has been completed then we will send images for approval (you can approve images by emailing us at firstname.lastname@example.org). Although by law you have no right to cancel these orders you are given a 14 days period in which to change your mind and return the artwork, provided it is returned in its original condition and you return it ensuring that it fully insured until we take delivery.
Price and Payment:
The price of the artwork, which includes any applicable VAT or taxes, is as displayed in GBP on the Website at the time of purchase. The price that you will pay will be confirmed in the Order Confirmation and we will supply you with your invoice.
The Price includes standard delivery.
Payment is made to us in accordance with the order process on the Website which outlines the current methods of payment which the Website accepts.
Artists may be able to agree to reserve artwork for you. If we do agree, you must pay a non-refundable 10% deposit to reserve the artwork. The balance payment (90%) is due within 30 days of the date your deposit is paid. If you do not pay the balance payment when it is due then the artwork will no longer be reserved for you and your deposit will not be refunded.
Once you have placed an order you are responsible for payment.
Delivery is arranged by the Artist to the address, as provided by you on the Order Confirmation.
Delivery times are estimates and not guaranteed.
If you have any queries about shipping please contact us: email@example.com
Artists generally despatch the artwork within 3 days after receipt of payment.
However, despatch and delivery times are only estimates and neither we nor the Artists, are responsible for late delivery or unavailability of artwork.
If for some reason the artist is unable to dispatch the exact artwork you have ordered, then we will refund the price paid for that item or offer you an alternative item.
You are responsible for accurate delivery information and for making arrangements to take delivery of artwork.
Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.
ALL items are sent by Recorded (Signed For) delivery, it will require a signature upon receipt.
When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the artwork for any damage. If there is any damage whatsoever or a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel “'Received Damaged” and please email us at firstname.lastname@example.org
The Website brings together Buyers and Artists from around the world. This applies if you are buying from an Artist who is located in a country which is either not your country of residence and/or where you want your artwork to be shipped – we refer to this as international sales.
The price is displayed in British pounds (GBP) and so you will be paying using GBP.
If your own payment method is not GBP (for example, in Euro or US$,) then your payment method provider may make a charge for paying in GBP and they will also calculate the rate of currency exchange.
Currency exchange rates and charges are your responsibility, so you may wish to check this with your own payment provider before placing your order.
Since the Website brings together Buyers and Artists from around the world, delivery of Artwork to an international address (one which is located in a different country to the one in which the Artist is based in) is at your own expense and risk and so we always advise that you to check directly with customs officials in the country where any delivery address is located so that you understand what duties or other charges may be imposed if you ask goods to be delivered to that country.
You are solely responsible for complying with any import laws and requirements which apply to the country where the delivery address is located.
In addition to the actual purchase price of the artwork, you will be solely and fully responsible for any and all tax/duty costs, fees, liabilities, handling charges, shipping costs, insurance which may arise or apply to your order and delivery.
This means that Artists will not be responsible for any costs incurred as a result of any delivery of artwork to you.
With international sales, we recommend that you remember to allow extra time for delivery of your artwork.
If you have any queries about shipping and delivery please contact us by email at email@example.com. We will be happy to deal with any questions you have.
Consumer Cancellation Rights:
Consumer rights legislation means that Consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) who buy at a distance (such as via a Website) have the right to cancel some orders for purchase. If this applies, then you usually have 14 days from the date you receive your order to change your mind, cancel the order and, where applicable, return the items to the artist to obtain a refund. All Artists (sellers) are committed to ensuring that they abide by your rights.
Please note that these cancellation rights do not apply to any Made to Order Artwork.
If you would like to return your order, please confirm this in writing emailing us at firstname.lastname@example.org within 14 days following the date you received your order. We will then help you with information about the Returns Method.
Artwork should be returned unused and in perfect condition with the original packaging, within 14 days of the date, you advise us of your cancellation, at your expense to the Artist using the postal address we will provide. We always advise that you return artwork using a service which provides you with proof of sending (for example, you supply us with evidence of having sent the artwork back to us by providing us with tracking number).
We ask that you please repackage the artwork in its original packaging securely and remove all shipping labels and print the address we send to you via email on behalf of the Artist and attach to the parcel.
Refunds are made using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
Problems with Your Order and Returns:
Where there is a problem with your order, such as the wrong artwork arrives or missing, then email us at email@example.com within 14 days after the day you received the artwork.
Once you contact us then, on behalf of the Artist, we will then assist you by liaising between Buyers and Artists to deal with any problems.
Limitation of Liability and Indemnity:
We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
Other than those implied by law where a Buyer is dealing as a Consumer, in the event of our breaching any of these Terms and Conditions, your remedies are limited to damages which in no circumstance whatsoever will exceed the price of the artwork.
You will indemnify us against all claims, costs and expenses which we may incur and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.
Artist Terms and Conditions
These terms and conditions form a legally binding agreement between you and ArtFan (UK) Ltd, the supplier of the Service. Your statutory rights are not affected.
We are: Artfan
You are: a user of our services.
“Us/Our/We” means ArtFan (UK).
“You/Yours” etc. means you, a user of our services.
“Site/Sites” means website artfan.co.uk 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.
“Service” means the process of displaying/marketing/selling your Artwork through the Sites.
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.
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 a 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.
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 constitute 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 wrote 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 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.
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.