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Terms and Conditions for Artist

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The following terminology / definitions apply to these terms and conditions: Agent(s): means Opius Art Ltd of 76 Worple Road, Epsom, Surrey KT18 7AF. Artist: means the seller of the artwork. Customer(s): means the buyer of the artwork. Commission: means the amount due from the Artist and payable to Opius Art Ltd for their services as an agent. The amount of commission due is calculated as 20% of the price paid by the customer. Opius Art Ltd: means Opius Art Ltd registered in England and Wales. Registration No: 8989751. Artwork: means the goods offered for sale on our website. Goods: means any goods offered for sale by the artist on our website. Website: means the website located at the domain www.opiusgallery.com. Courier: means any person or business contracted by the Artist to deliver or collect Artwork to or from the customer. Studio Visit: means any meeting organised between the Artist and any potential Customer.

By posting Artwork on our Website as an offer of sale to prospective Customers you are accepting the terms and conditions set out in this document which forms a legally binding contract between us the Artist Agent and you the Artist. Your statutory rights are not affected.

Opius Art Ltd’s Responsibilities

Opius Art Ltd will act as your Agent for the purposes of selling the works of art you have offered for sale on our Website.

We the Agent will raise a sales invoice for the Artwork sold through our Website and collect payment from the Customer.

You the Artist agree that we the Agent may deduct our 20% Commission from the funds we hold before the balance is paid to you.

You the Artist agree that we the Agent may claim our flat rate subscription fee of £8 per calender month via the payment method you chose when subscribing to our Website unless you have otherwise cancelled your subscription by giving us one months notice.

You the Artist agree that we the Agent will operate your account with us on a self-billing arrangement to account for the payments we owe you. We will supply you with a copy of each self- bill we generate for your accounting records.

We the Agent will make payment to you, by bank transfer to your nominated bank account within the UK normally within 15 days after we have confirmation the Artwork has been delivered and accepted by the Customer. In the event that there is complaint or dispute with the Customer payment will be delayed until the dispute is resolved. Payments to a bank outside the UK may incur an additional charge to cover bank fees.

You the Artist accept that we have the right to withdraw our acceptance of your application to market Artworks through us the Agent at any time for any reason and the right to withdraw any item / items of Artwork from our Website you offer for sale at our sole discretion.

In the event of a dispute between the Customer and you the Artist we will try to help and resolve the dispute and mediate between Customer and Artist but if the dispute remains unsolved we reserve the right to provide the Customer with the Artist contact details so that the dispute can be resolved directly between the Customer and the Artist.

You the Artist agree that in some circumstances to help encourage and negotiate sales the original sale price may be discounted by up to 10% provided that in these circumstances we have got permission from you first.

Artist Responsibilities

You the Artist agree...

That you will inform us immediatly of any sale (not processed through our Website) made via a Studio Visit organised through our Webstie or business so that we can raise and issue the appropriate invoices, claim our commission from you and issue an authentication code to the Customer for their certificate of authenticity.

That if you’re unable to fulfil orders for any period of time e.g. going on holiday you will inform us at least 2 working days before so we can temporarily remove your products from view on our website until you’re ready to fulfil orders again.

That if any Artwork posted on our Website is sold by an alternative outlet you will immediately list this item as ‘Out Of Stock’ on our Website and that you won’t market any Artwork through an alternative outlet at a lower price.

To have plain white card (A4 suitable for printers or certificate paper) and access to a colour printer at your own cost.

To have appropriate packaging supplies at your own cost.

To inform us the Agent immediately if you are or become VAT registered and if you de-register for VAT. If you the Artist become VAT registered you agree to operate the marginal VAT scheme in your dealings with us the Agent.

That the descriptive information you post with each Artwork will be honest and truthful so that a potential Customer can make an informed buying decision.

That all personal information you supply to us the Agent is accurate and truthful and that you will immediately update any changes to this information.

That any limited edition Artwork you upload to our Website will be limited to one series only whether it be in its original or any alternative form and never be re-issued. Applying to sales through our Website or any alternative point of sale.

Our Customers

You the Artist agree that all the costs and time incurred by us the Agent as a business directly corresponds to the Customer base we have accumulated, that they are our Customers and as a result you the Artist agree that you won’t provide any information to our Customers other than what we have instructed especially your contact details or information which would or could indicate our Customers towards you or your products directly, at any point in time. You further agree to never contact our Customers directly or in directly in any way. Should any of our Customers contact you the Artist directly you agree that we are entitled to our Commission on any current or future Artwork sold to that Customer and that you will notify us immediately of any approach made by one of our Customers and of any Commission due to us.

You the Artist agree that any sale made via a Studio Visit organised through our Website or business would be to one of our Customers and that we the Agent would be entitled to our Commission on any initial or future sales to that Customer and that you will notify us immediatly of any future contact between you and the Customer.

You the Artist agree to not provide our Customer's contact details to any other party for any reason especially those who may or could benefit from such information without our express written authorisation.

Deliveries

You the Artist agree...

To dispatch the Goods to arrive with the Customer within 5 working days of the order being placed.

To provide the Courier with the Customer’s contact number(s).

To include a signed certificate of authenticity as laid out in our instructions with all original and limited edition Artwork and that you will only use our certificate templates for Artworks sold through us the Agent.

To package the item securely.

That you won’t include any information with the package other than what we have instructed, especially your contact details or information which would or could indicate the Customer towards you or your products directly. You further agree to never send any such information or contact the Customer directly or in directly in any way.

To respond to our order notifications sent via email no later than 12 midday the following working day.

That you are responsible for all packaging, delivery and insurance costs.

Returns

You the Artist agree that the Customer has the option to cancel an order for any reason within 14 days from the date of receiving the Artwork and be entitled to a full refund with a further 14 days to return the Artwork after cancellation (in line with the ‘Consumer Contracts Regulations 2014’) and that you the Artist will bear the costs you have suffered for delivery, packaging, insurance and other costs or losses. It will be the Customer’s responsibility to return the Artwork to you the Artist at the Customer’s own expense. Opius Art Ltd’s liability will be limited to a refund of the Commission which will form part of the refund to the Customer. You also accept that in these circumstances we will give your address details to the Customer so they can return the Goods to you.

Damaged Items

You the Artist agree that if the Customer receives damaged Goods they are entitled to a full refund and you are responsible for retrieving the Goods. We highly recommend taking out delivery insurance so you can make a claim in these circumstances however you the Artist agree that any losses for delivery, retrieval and the Goods themselves are ultimately yours to bear. Opius Art Ltd’s liability will be limited to a refund of the Commission which will form part of the refund to the Customer.

Copyright

You the Artist warrant that any Artwork you post for sale on our Website is free from copyright infringement.

Marketing

You the Artist accept that marketing material produced by us the Agent may contain images of your Artwork limited to the resolution and size of images supplied by you the Artist on our website for promotional purposes only.

Term Changes

You the Artist agree that we the Agent have the right to update these terms and conditions at any time provided we give a minimum of 7 days notice after which the changes will become legally binding.

Ownership

You the Artist warrant that any Artwork you post for sale on our Website is owned and created by you.

Limits Of Liability

You the Artist agree to indemnify Opius Art Ltd, it’s directors and employees against any liabilities, costs and claims arising from dispute over ownership of Artwork sold or offered for sale though us as your Agent, copyright disputes, damaged Artwork, non-delivery or late delivery of Artwork and any other liabilities or claims arising from the sale or offer for sale of Artwork through us as your Agents.

Opius Art Ltd (including the company’s directors, employees and the companies agents) total aggregate liability to you the Artist, of whatever nature, whether in contract, tort or otherwise, for any losses whatsoever and howsoever caused arising from or in any way connected with the services we provide as your Agent and the use of our Website, shall not exceed £500 and any Commission received on a disputed transaction.

We are in no way holding out that our Website will be operational 24 hours a day or 7 days a week there may be times when the Website is non-operational due to maintenance, failure of the server, failure of connection to the internet or any other reason and you the Artist accept that is part of our normal operating parameters and that you have no claim against us for any losses this may cause.

You the Artist are responsible for valuing your own Artwork and setting the sale price, we the Agent may offer general guidance if asked based on our observation of market activity but it is for you the Artist to form their own view of the value and price of Artwork being offered for sale, taking account of your own sales history and prices achieved.

You the Artist will indemnify Opius Art Ltd (including the company’s directors, employees and the companies agents) from all claims, losses and damages.

Applicable Law

This agreement shall be governed and determined in accordance with English law. The courts of England shall have jurisdiction to hear and determine any action or proceedings to settle any disputes and determine any costs which may arise in connection with this agreement or any Goods or service provided.

© Opius Art Ltd. All rights reserved.