ONLINE SELLER TERMS AND CONDITIONS
These terms and conditions together with the Policies (defined below) (the "Terms") provide information about Affordable Art Fair, and are the legal terms and conditions under which Affordable Art Fair will place Artwork (defined below) for sale on the Website on Your behalf and deliver the Services (defined below). In these Terms, "You" means the individual or entity making use of the Services and whose details are provided to us as the seller of the Artwork.
Affordable Art Fair reserves the right to alter these Terms at any time. Please ensure You review these Terms frequently so that You are aware of any such changes. If You do not agree to these Terms then You should not use the Website (defined below).
1.1 About us and our services
The Affordable Art Fair website is hosted at www.affordableartfair.com together with all subdomains and subdirectories (the "Website") and is operated by Affordable Art Fair Ltd, a company incorporated in England and Wales with company number 03688732 and having its registered office at Sadler’s House, 180 Lower Richmond Road, London SW15 1LY ("Affordable Art Fair", "we" or "us").
The services we make available through the Website (the "Services") comprise the provision of an online art marketplace, with website pages and content (each a "Listing") displaying and advertising the sale of authentic artworks (the "Artwork") and enabling You to sell Artwork direct to any visitor to the Website (the "Consumer"). You acknowledge that in providing the Services we are acting as a facilitator to enable You to conclude contracts for sale with Consumers and that we are not either buying or selling any Artwork.
1.2 Contact us
If You have any questions or queries, You can email us at [email protected], use the Website’s Contact us page or write to Affordable Art Fair at Sadler’s House, 180 Lower Richmond Road, London SW15 1LY.
On receipt of any correspondence, Affordable Art Fair will respond as soon as possible and keep You informed of progress and any need to investigate matters further.
1.3 Application of Terms
By registering an online account on the Website ("Your Account"), You will be able to create and manage Your Listings. When You set up Your Account and upload Listings to the Website, You will be deemed to accept these Terms and a binding contract will be formed between You and us incorporating these Terms.
In order to set up Your Account, Affordable Art Fair will collect payment details and debit/credit card payment authorisation from You to enable us to collect all fees and payments due by You to us under these Terms (and set out in more detail in Section 4 below). References in these Terms to Your account shall refer to all of the information we hold about You, including these payment details.
Below is a list from which You can access all the documents and policies (the "Policies") referred to in these Terms, which You should read through carefully as they form part of the contract between You and us.
2. YOUR OBLIGATIONS
2.1 Seller eligibility
You warrant that all information provided by You to Affordable Art Fair, including but not limited to Your name, tax status, and country of residence, is correct, truthful and kept up to date. In the event that You are an individual and/or sole trader, You must be over 18 years of age to become a Supplier of Artwork on the Website. By accepting these Terms, You represent and warrant that You are at least 18 years of age.
2.2 Artwork rights
You warrant that You are either (i) an agent authorised to sell Artworks as directly authorised by their creator (the "Creator"), or (ii) the sole and exclusive owner of the Artwork. The Service is not intended for use by individual artists and we will not approve and may remove any Listings in which a Creator purports to sell Artwork directly to Consumers.
You additionally warrant that You have obtained all permissions and clearances required from the Creator before Listing the Artwork on Your Account and that You have met all costs and expenses related to the procurement of the third party rights necessary to display the Artwork using the Service.
2.3 Permitted and Prohibited Artworks
Listings of Artwork require to meet the following criteria to be permitted ("Permitted Artworks") by Affordable Art Fair for Sale on the Website:
Original prints: made by the hand of the artist or with the artist’s close involvement and overseeing of the printing process i.e. etchings, screen-prints, monoprints, drypoint, stone lithographs, mezzotint. Edition size no larger than 200.
Sculpture: unique pieces or sculptures in editions of 25 or less.
Photography: limited edition fine art photography is accepted, when signed and numbered, or accompanied by a certificate of authenticity, and when the print is produced to a high standard. Maximum edition size of 150, but frequently much smaller editions.
Digitally generated artworks: any artwork created digitally will be considered on a case by case basis, taking into account the artistic merit of the work itself, the quality of the production method, and the edition size.
Listings of Artworks not permitted by Affordable Art Fair for sale on the Website ("Prohibited Artworks") include:
Offset lithography: prints run off a commercial printing press using a transparency of original work, even if the print is signed by the artist.
Digital prints: such as giclées, which use a scan of an original work such as a painting, even if the print is signed by the artist.
Craft or functional items.
All Artworks shall be signed by their Creator. We recommend that all Artworks are accompanied by a certificate of authenticity signed by the Creator.
In the same way that all applications to our fairs are reviewed by a Selection Committee of Affordable Art Fair (the "Selection Committee"), we will review all Listings submitted to ensure the quality of gallery and art remains consistent with our live events. The same rules surrounding artwork eligibility for showing at our art fairs apply to the Website. We will consider each Listing on a case by case basis, and You acknowledge that the decision of Affordable Art Fair on whether or not to accept any Listing is final and shall be exercised at our sole discretion.
You acknowledge and agree that You are solely responsible for all content, including (but not limited to) text and/or imagery (the "Content"), You upload to the Website and contained within each Listing or Profile page, and contributed to Your Account.
You shall not upload Content, which in the reasonable opinion of Affordable Art Fair:
is misleading or inaccurate;
is offensive, including (but not limited to) material that incites racial hatred or promotes discrimination;
is obscene or pornographic;
is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
contains 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;
breaches any applicable local, national or international law or regulation;
together, our "Content Requirements".
You shall only use the Website for lawful purposes. You may not use the Website:
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Requirements;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
to infringe the intellectual property rights of Affordable Art Fair or a third party; or
to reproduce, duplicate, copy or re-sell any part of our Website.
Should we have a reasonable belief that You are in breach of the requirements in these Terms, Affordable Art Fair reserves the right, at its sole discretion, to: (i) remove any Listing or Profile; and/or (ii) close Your Account; and/or (iii) disclose Your details to a third party in response to any court order to enable legal action to be taken against You.
2.5 Content usage
By registering a Listing on the Website, You are deemed to grant Affordable Art Fair a worldwide, non-exclusive, royalty-free, right and license (the "Licence") to access, view, use, copy, reformat, distribute, publicly display, publicly perform and transmit Your Listing and/or Content provided by You, in any format and as required for the purposes of promoting the Artwork and delivering the Service.
The Licence entitles Affordable Art Fair to use the Content and/or Listings contained on or within Your Account for promotional purposes. Affordable Art Fair shall not be entitled to any ownership rights in the Artwork, Content or Listing. You acknowledge that the only payment You will receive for the License shall be in the form of Your Supplier Payment (defined below).
2.6 Accuracy of Artwork Listings
You undertake that all Listings and Content shall contain an accurate and fair reflection of the Artwork and the condition of the Artwork. Each Listing shall include (but not be limited to):
i. a description of the materials of the Artwork;
ii. the dimensions of the Artwork; and
iii. high quality resolution photographs of the Artwork.
In the event that Listings are inaccurate or misleading, Affordable Art Fair reserves the right to debit from Your Account all associated costs in relation to any claim received by Affordable Art Fair from a Consumer in relation to refund, return, compensation or price reduction.
2.7 Artwork prices and shipping costs
You shall clearly state the total price (the "Price") of each Artwork in each Listing, including any delivery charges. The Price of each Artwork shall be a fair reflection of the value of the Artwork. The Price of each Artwork shall not exceed £6,000, inclusive of any tax and/or any relevant outlay (including frame costs).
The Price shall be equal to the amount of the price as set for that particular Artwork on any other website or point of sale through which the Artwork is sold directly or indirectly by You.
In the event that a Consumer locates the Artwork offered for sale at an amount lower than the Price on any website or point of sale controlled directly or indirectly by You, Affordable Art Fair reserves the right to adjust the Price of the Artwork on Your Account to an amount equal to the lower price, before or after the Sale of the Artwork has be fulfilled, to return the excess to the Consumer and to adjust the calculation of the Supplier Payment (defined below) accordingly.
The shipping and handling fees specified in the Listing on Your Account shall be a true representation of any anticipated costs to be incurred in fulfilling the packaging and delivery of an Artwork to the Consumer following a Sale of an Artwork to a Consumer (an "Order"). You undertake to accurately research shipping costs ("Shipping Costs") in respect of each Artwork and any inaccuracies shall be met by You and not passed on to the Consumer. Upon signing up to the online shop, Your Account has default shipping rates assigned to it. It is your responsibility to check them and to amend them if you wish to change them.
Affordable Art Fair shall not be found liable for any loss incurred as a result of inaccurately quoted Shipping Costs.
For the avoidance of doubt, inflating the shipping and handling fees with a view to reducing or avoiding Affordable Art Fair’s commission is strictly prohibited.
2.8 Order fulfilment
Artworks must be packaged and shipped in accordance with Affordable Art Fair’s Packaging and Delivery Guidelines. The Artworks shall be delivered within the specified timeframe on the Listing and in any event within thirty (30) calendar days (unless otherwise agreed with the Consumer) (the "Delivery Timeframe"). In the event that the Artwork is not delivered within the Delivery Timeframe, Affordable Art Fair reserves the right to debit any costs associated with Consumer returns or cancellation of Sales from Your Account. Affordable Art Fair shall treat any Orders which have not been marked as shipped beyond the expiration of the Specified Timeframe as unfulfilled. Affordable Art Fair reserves the right to suspend or terminate Your access to the Services if Orders are repeatedly cancelled or unfulfilled by You or Your sub-contractors.
You acknowledge that the Service is intended for sales to Consumers based in the UK only and accordingly all prices shall be quoted inclusive of UK VAT. You shall be responsible for compliance with all local tax regulations in respect of Sales completed using the Service.
2.9 Quality, returns and refunds requests
As a seller of the Artwork, You warrant to Affordable Art Fair that You will comply with: (i) all laws, regulations and industry standards (including advertising standards) applicable to the sale of the Artwork ("Applicable Laws"), including but not limited to, the Consumer Rights Act 2015 and the Consumer Contract Regulations 2013; and (ii) Affordable Art Fair’s current Customer Returns Policy.
You also warrant that all Artwork will be of satisfactory quality, fit for the purpose advertised, and consistent with Your descriptions.
You shall be notified of any returns on the seller dashboard within Your Account and all returns shall be addressed in accordance with Affordable Art Fair's Customer Returns Policy. You shall receive immediate notice via Your nominated notification email address of any returns requests for Artworks You have sold through Affordable Art Fair, as well as a further confirmation email once a collection date and service has been arranged.
2.10 Responsibility for returns
In the event that Affordable Art Fair offer promotional free returns, Affordable Art Fair shall organise and pay for the return by courier to the nominated returns address as instructed by You, however, we exclude to the fullest extent permitted by law any liability for damage to Artworks during transit of the return, in accordance with Affordable Art Fair’s Customer Returns Policy. If any loss/damage is sustained to Artwork during shipment of a return, we will file an insurance claim on Your behalf subject to You providing sufficient details to enable us to do so.
If You decide to reject a refund after receiving the returned Artworks, it is Your responsibility to ship the Artworks back to the Customer and to ensure that Your refusal to supply a refund is consistent with Applicable Laws.
If any other reason is provided for the return, Affordable Art Fair reserves the right to investigate, and to debit any return shipment costs to Your account should it reasonably be believed that the return was a result of Your breach of either Applicable Laws, Seller Best Practice Guidelines or Packaging and Delivery Guidelines.
2.11 Damage liability
It is Your sole responsibility to ensure that You package Artworks sufficiently and ship them via a service that will minimise the likelihood of damage. Affordable Art Fair will accept no liability for damage to Artworks in transit from You to the Consumer, including any liability for refunds.
In the event that Affordable Art Fair organise the package and shipment of Artworks on Your behalf, we exclude to the fullest extent permitted by law any liability for damage to Artworks during transit.
If a Consumer receives an Artwork which is damaged on arrival, it is Your responsibility to resolve this issue in accordance with Applicable Laws. You acknowledge that any postage or shipping guidance provided by Affordable Art Fair 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.
2.12 Artworks lost in transit
If You do not use a traceable shipment method to send Artworks, You do so at Your own risk. Affordable Art Fair will accept no liability for Artworks lost in transit on their way to the Consumer, or during the returns process. We reserve the right to issue a full refund immediately to the Consumer and to allow the Consumer to cancel their contract for purchase of Artwork on notice of non-delivery within the estimated timeframe and neither the Consumer or Affordable Art Fair shall be liable to You for any costs, losses, damages or expenses arising from such cancellation. In the event that Affordable Art Fair organise the shipment of Artworks on Your behalf, we exclude to the fullest extent permitted by law any liability for Artworks lost in transit.
3. AFFORDABLE ART FAIR'S OBLIGATIONS
3.1 Notification of orders
Affordable Art Fair, via its payment fulfilment provider, shall pre-authorise payment from each Consumer before placing an Order on Your Account. You shall receive confirmation notice of Orders ("Confirmation Notice") to Your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Consumer. You shall have access to view all outstanding and completed Orders from the Orders page within the seller dashboard of Your Account ("Seller Dashboard"). In the event that You are unable to fulfil the Order, You must notify Affordable Art Fair immediately and the pre-authorised funds will be returned to the Consumer by our payment fulfilment provider.
3.2 Collecting payments
Upon receipt of an Order a third party payment provider shall pre-authorise the payment with the Consumer's bank. You shall have a 7 day period in which to confirm to the Consumer that You have the Artwork available and that the Order can be fulfilled. Once You have confirmed that the Artwork is available the pre-authorised payment shall be released by the third party payment provider to Your account and a binding contract between You and the Consumer for delivery of the Artwork shall be formed. In the event that You do not confirm to the Consumer that the Artwork is available the pre-authorisation is removed from the Consumer's bank and the Order is automatically cancelled.
A third party payment processor shall be responsible for the pre-authorisation, secure processing and collection of the payment of the price of the Artwork ("Price") and Shipping Costs for the Artwork from the Consumer. To make use of the Services, You will be required to enter into a separate contract with our third party payment processor in respect of managing and processing all payments due under these Terms, and we will provide You with a contact point to enable You to complete this process. We shall receive confirmation from our third party payment processor to confirm that You have entered into a contract with the third party processor.
4. FEES AND PAYMENTS
Your access to the Services is conditional upon Your payment of the sums set out in this section 4.
4.1 Subscription fee
You shall pay to Affordable Art Fair a fixed subscription fee equal to an amount of £50.00 (plus VAT) in respect of Your Account on a monthly basis (the "Subscription Fee"). The Subscription Fee entitles You to list Artworks using the Service, create a profile page, create artist biographies, receive reports, and provides general marketing for You and Your Artworks. Affordable Art Fair reserves the right to vary the Subscription Fee at any time upon 30 days notice in writing to You.
4.2 Commission on sales
In addition to the Subscription Fee, You shall pay to Affordable Art Fair an amount equal to 15% (plus VAT) of the Price by way of commission ("Commission") in respect of each Order confirmed through the Website. For the avoidance of doubt, the Commission payable shall only be applied to the Price and not Shipping Costs.
Any attempts to complete Orders or any other monetary transactions with a Consumer originally initiated through the Website, outside of the Website are strictly prohibited. Your use of the Service shall be suspended for breach of this provision. In the event that a sale or monetary transaction originally initiated on the Website is processed out with the Website, Affordable Art Fair reserves the right to debit an amount equal to the Commission which would have become due from Your Account.
Commission payments will be returned to You in respect of Artwork which You have refunded. In the event that You provide a Consumer with a price reduction or replacement Affordable Art Fair shall adjust the Commission in accordance with the reduced Price or replacement Price.
4.3 Transaction Processing Fee
You shall pay to Affordable Art Fair a transaction processing fee to an amount equal to 1.8% (plus VAT) of the Price (the "Surcharge").
4.4 Supplier payments
The Subscription Fee will be collected from Your Account monthly in advance using the payment details provided by You. Affordable Art Fair shall deduct the Commission and the Transaction Processing Fee from the Price at the time the Order is processed by our payment processing provider. The remaining balance (the "Supplier Payment") shall be remitted to You in accordance with the terms of our payment processing provider, along with a statement showing the deductions made. It is Your responsibility to account for any taxes due on all Supplier Payments. You shall be able to access invoices from within your payment processing provider account.
Affordable Art Fair are entitled to withhold Your Supplier Payment for any given Sale if there is, or in Affordable Art Fair’s reasonable opinion is likely to be, a dispute between Affordable Art Fair and You or a dispute between You and the Consumer. The Supplier Payment shall be held until such dispute is resolved to Affordable Art Fair’s reasonable satisfaction.
4.5 Promotions and Discounts
Affordable Art Fair reserves the right to run at its discretion special offers and discounts on the Website and the costs of such discounts and/or promotions offered to Consumers shall be absorbed in full by Affordable Art Fair.
5. TERMINATION AND ACCOUNT CANCELLATION
5.1 Terminating this agreement
Affordable Art Fair may, at its sole discretion and without any liability to You, terminate its contract to deliver Services to You and/or cancel or restrict, access to the Website and/or Your Account without notice if we reasonably believe You are in breach of these Terms. In all other cases we may terminate Your contract by giving 5 business days' notice.
5.2 Cancelling Your Account
You may terminate this contract by giving no less than 5 business days' written notice ("Termination Notice") to Affordable Art Fair. Within 30 business days of receipt of a Termination Notice, Affordable Art Fair shall use reasonable endeavours to remove Your Account from the Website, including any reference to You and all Artworks, Listings or Content uploaded by You.
6. FURTHER PROVISIONS
6.1 Website Usage
Affordable Art Fair shall not be liable for any damages arising from loss of 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 the Website.
You acknowledge that no Website can ever be guaranteed to operate free of errors or downtime and whilst we will use commercially reasonable endeavours to ensure that the Website remains free from errors or viruses, we cannot accept any liability for downtime caused by events outside our control. You acknowledge that we may from time to time require periods of downtime in order to maintain and update the Website and we will endeavour to carry out such maintenance with as little disruption to the Service as possible.
Affordable Art Fair shall not be responsible for the privacy policies or content of any third party websites.
6.2 User Data
Affordable Art Fair makes no representations or warranties of any kind to You in respect of the Website or the Services. Affordable Art Fair 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 Website, provided always 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. Affordable Art Fair shall not be liable for the acts or omissions of providers of telecommunication services or for faults in or failures of their apparatus.
Any liability of Affordable Art Fair whatever arising under these Terms shall be deemed to end 6 months after the date on which You ought reasonably to have known of the event giving rise to the liability. For the avoidance of doubt, You acknowledge and agree that no claim or action by You can be validly made after the expiry of 6 months following such date.
Without limiting the foregoing, Affordable Art Fair’s aggregate liability to You shall not exceed the total amount actually received by You in any calendar year by way of Supplier Payments.
You hereby agree to indemnify Affordable Art Fair and keep Affordable Art Fair indemnified against all actions, proceedings, claims, demands, costs (including, but not limited to) legal costs, expenses, awards and damages 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.
6.5 Third Party
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.
6.6 Entire Agreement
Save as expressly referred to in these Terms, these Terms shall constitute the entire agreement between You and Affordable Art Fair. These Terms shall supersede all prior arrangements and understandings, whether written or oral, pertaining to the subject matter of these Terms.
6.7 No partnership
These Terms shall not be deemed to constitute a partnership, joint venture, contract or relationship of employment between You and Affordable Art Fair.
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.