Artist Terms and Conditions – Golden Tree Gallery
29th April 2018

Artist Terms and Conditions

               

ARTIST TERMS AND CONDITIONS

 Your key’s responsibilities

We ask that you operate your gallery professionally as follows:

  • you will package your artwork carefully and dispatch it promptly when you receive an order.
  • you will make the changes in your profile on the site when is necessary (can be done on your account online)
  • you will mark as sold the artworks immediately on the site when you sell them independently (can be done on your account online).
  • picture of artwork uploaded in website must be high quality and to represent your original artwork.
  • artwork advertise in website must be available for sell.
  •  for the full artist terms and conditions of service, please read the Artist Terms and Condition.

 You set the price

  • You know how much your art sells for, so you decide the selling price of your art. We take a commission of 35% from your price. This commission covers our costs of advertising, marketing, customer services, credit card processing fees, invoicing, admin and VAT.
  • You are responsible for the costs of materials, packaging, and delivery to anywhere in the UK. Therefore you must set your price to include this cost. As an established artist, you probably already know how much it costs to package and deliver your style of artworks. If in doubt, £30 is usually sufficient for smaller pieces. For larger or heavy pieces contact your preferred courier to establish the cost. Check delivery prices carefully as you are wholly responsible for the cost of delivery.
  • We are attracting a growing number of customers from overseas so please select the option to deliver abroad and include overseas delivery charges for each of your artworks.

 How to start selling art

  • To get the ball rolling, please click the link below to create a new artist account. Creating an account allows you to login to goldentree-gallery.com and provides us with the information we need to get your art onto the site.
  • During this process, you’ll be asked to provide contact details and other information we need to assess whether your art will sell.
  • Once you’ve created an account you can upload images of your artworks. We have made it really easy and simple to get your pictures online. We’ll contact you to let you know if you have been accepted. Please don’t be offended if we think your art will not sell online. The whole process from application to acceptance normally can takes about 48/72 hours.

How you get paid

  • Customers pay online through our credit card processing facilities or by cheque. When payment is received, you are notify you of the details of the purchase by email, text message and if necessary by phone. You must then package and dispatch the artwork to arrive with the customer within 5 working days. Once we have confirmed that the artwork arrived safely, you will be paid approximately 28 days after that date (this is comprised of 7 days for delivery, 14-day money back guarantee, 7 days for return). You will be paid by bank transfer. You can see the date on which your payment will be raised via your control panel.

14th – day money back guarantee

  • To stimulate sales and foster trust with potential customers, we offer all customers a 14-day no-quibble money back guarantee, which you must adhere to. The guarantee allows customers to return artworks within 14 days if they are not fully satisfied. They can return the artwork for any reason within this period. They will have to pay the postage and insurance costs if they return an artwork. You are not eligible to recoup the cost of delivering the artwork to the customer.

For full details of the terms and conditions, you will be bound by please see Artist Terms and Conditions.

 

ARTIST TERMS AND CONDITIONS

  • This document ( Artist Terms and Conditions ) contains important legal terms which are additional to the Terms of Use relating to the use of the goldentree-gallery.com website (the Website) operated by Golden Tree Gallery Limited (Golden Tree Gallery we). These Artist Submission Terms apply to you if you submit art for consideration to be featured and showcased, curated and sold to our customers from online and offline network by Golden Tree Gallery. You are referred to in these Artist Submission Terms as the Artist or as you.
  • By submitting your work of art (Your Work) to the Website for consideration you accept these Artist Submission Terms. If you do not agree with these Artist Submission Terms then you must not submit Your Work to the Website.
  • These Artist Submission Terms and the Terms and Conditions relating to the use of the Website constitute the entire agreement between you and Golden Tree Gallery in relation to the initial submission of Your Work and they supersede all other agreements, statements, letters and other arrangements made between the parties. If Your Work is short listed for selection as featured art by Golden Tree Gallery you will also be required to sign-up to some additional terms which will confirm the basis upon which Golden Tree Gallery will be entitled to use your Work.
  • These Artist Submission Terms and any matter arising out of the subject matter of these Artist Submission Terms shall be governed by English law and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

OUR SERVICE

  • Golden Tree Gallery its services to artists through the Website to enable and assist artists who wish to participate in our scheme to build and manage an artist promotional channel and present, feature images of their original artwork including, lens based media, fine art, paintings, mixed media, sculpture, video installations, street art and other media (Artist Submissions). All the Art Work submitted must be available and ready for sale.
  • On a periodical basis, a panel of selected specialists (the Golden Tree Gallery Board of Curators) and the Website users (Golden Tree Gallery Community) select Artist Submissions (the Featured Artist Submissions) to be featured and showcased at Golden Tree Gallery discretion on the Website and in partners editorial pages and newsletters (subject to limitations of space, suitability and other editorial considerations).
  • Golden Tree Gallery Artist Submissions for consideration by the Golden Tree Gallery Board of Curators and the Golden Tree Gallery Community on condition that the Artist Submissions comply with the representations and warranties set out in Section 4 of these Artist Submission Terms. Without prejudice to any other legal remedy that may be available to us, we reserve the right to reject any Artist Submission (either before or after it has been selected as a Featured Artist Submission) and remove it from the Website and any other publications or circulars, if we determine, at our sole discretion, that the Artist Submission fails to comply with those requirements.
  • Golden Tree Gallery expressly disclaims any and all liability in connection with Artist Submissions. Golden Tree Gallery reserves the right to remove any Artist Submissions from the Website and from the consideration process by the Golden Tree Gallery Board of Curators and Golden Tree Gallery, in its sole discretion and without prior notice (whether on the basis of a breach of warranty or obligation under these Artist Submission Terms or for any other reason). Further, Golden Tree Gallery the right to terminate any user’s access to the Website at any time in its sole discretion and without prior notice.
  • Artists who, in the sole opinion of Golden Tree Gallery, do not comply with these Artist Submission Terms, may at any time be excluded from consideration.

YOUR WARRANTIES

  • By submitting Your Work, you hereby warrant, covenant and represent to us as set out below:
  • Your Work is your original artistic work, it has not been copied from any other work and does not contain any copies, reproductions, adaptations or versions of a third party’s work and it does not otherwise infringe or violate any persons copyright, design right, trade mark or confidential information.
  • You are the sole owner of all rights, title and interest in the copyright in Your Work. You have not granted any licences to third parties to exploit Your Work (except rights which have now lapsed).
  • Your Work (including the original version and any reproductions) is not and has not been reproduced, promoted or sold for any commercial purposes and you are the sole owner and are in possession and control of the original version of Your Work.
  • Your Work does not contain anything which is or would be (if Your Work is published) in breach of applicable laws or infringes any third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or menacing).
  • You agree to indemnify Golden Tree Gallery and keep it indemnified on demand against any loss or liability arising to Golden Tree Gallery or any of its directors, officers, employees or members of the Golden Tree Gallery Board of Curators out of the breach of any of the warranties above and against any breach of your obligations under these Artist Submission Terms.
  • You agree to notify us at  if any of the representations above is incorrect or misleading in any way. Your warranties under this Section 4 will be qualified in respect of any such notification that you give us providing it is fair and complete.

MISCELLANEOUS MATTERS

     1. Intellectual Property

  • You acknowledge and agree that the words Golden Tree Gallery and Goldentree-gallery.com  and any other name, logo and sign used on the Website, as well as the design and layout and all content of the Website (including Featured Artist Submissions) are the trade marks, copyright and other intellectual property rights of Golden Tree Gallery and are owned solely by (or licensed to) Golden Tree Gallery You shall not acquire any title, right or interest (including any user right) in any such intellectual property by reason of your submission of Your Work to the Website or by reason of its possible selection as a Featured Artist Submission. You acknowledge and agree that any use of our intellectual property is subject to our prior written consent.
  • If you become aware of any unauthorised use or misuse of Your work or any actual or suspected infringements of the copyright in Your Work during the ninety (90) days consideration period or after Your Work has been selected as a Featured Artist Submission (each, an Unauthorised Use), you shall notify us forthwith in writing giving such particulars of such Unauthorised Use as may be available in the circumstances. You shall not take or threaten any action or legal proceedings and shall not make any threats, complaints or statements to any third party in relation to such Unauthorised Use.  Golden Tree Gallery its sole and unfettered discretion, shall decide whether to take any action or make any threats or statements in relation to such Unauthorised Use. You agree to provide to Golden Tree Gallery (at your expense) such assistance, information and documentation as Golden Tree Gallery may reasonably require in connection with the enforcement of the rights assigned to Golden Tree Gallery under these Artist Submission Terms against any third party.

     2. Limitations On Liability

  • In no event shall Golden Tree Gallery be liable to you for any damages, including any lost profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business, or any consequential, special, incidental, or indirect damages of any kind arising out of the services provided by Golden Tree Gallery or its failure to provide these services, the consideration, selection or rejection of Your Work or any other Artist Submission or out of the operation of the Website, or the content of the Website, or the exploitation of any Featured Artist Submission, or as a result of the exercise or inability to exercise the rights granted to  Golden Tree Gallery or as a result of the termination or expiry of these Artist Submission Terms, even if we have been advised of the possibility of such damages in advance.
  • Golden Tree Gallery aggregate liability for any single event (or a series of related events) giving rise to a claim in connection with these Artist Submission Terms or in connection with the operation of the Website, either in tort, for breach of contract, misrepresentation or negligence, shall be limited to a sum equal the amount paid to you, or which would be payable to you if Your Work is selected as a Featured Artist Submission under these Artist Submission Terms.
  • Not withstanding anything to the contrary above, nothing in these Artist Submission Terms shall operate to exclude or restrict our liability for death or personal injury resulting from our negligence, or our liability to fraud or fraudulent misrepresentation made by us, or any liability that cannot be limited or excluded by law.

     3. Termination

  • Golden Tree Gallery terminate these Artist Submission Terms by giving you notice in writing (including by fax or email) upon any breach by you of any of the warranties or obligations under these Artist Submission Terms or any of the Terms and Conditions relating to the use of the Website. Termination of these Artist Submission Terms shall not affect any accrued rights or obligations of either party but shall release both Golden Tree Gallery and you from any further obligations here under.

    4. General terms

  • Nothing in these Artist Submission Terms shall create, or be deemed to create, a partnership or joint venture between you and Golden Tree Gallery. Except as expressly provided herein, these Artist Submission Terms shall not be construed as giving rise to the relationship of principal and agent or to any authority by you to represent or act on our behalf.
  • If at any time any provision of these Artist Submission Terms are or become illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforce ability in that jurisdiction or any other jurisdiction of any other provision of these Artist Submission Terms.
  • A person who is not a party to this Agreement shall have no rights to enforce the provisions of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
  • No omission or delay in exercising any right, power or privilege under these Artist Submission Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or of any other right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any right or remedies provided by law.

When Submit and Agreed download and sign under this line:

Artist Name, Surname and Signature: