This user agreement should be read in conjunction with the following appendices:
In this Agreement unless the context otherwise requires, the following expressions shall bear the following respective meanings:
|‘Galleries-online’||The company which owns and manages the Website|
|‘Visitor’||A visitor to the website who may not necessarily be a registered member|
|‘Member’||An individual or organisation who is a registered member of the website|
|‘Artists’||Members who have registered as either ‘An Artist’ or ‘An Artist group’. The artist may also be included under the general heading of ‘Member’ in this agreement|
|‘Buyer’||A visitor or Member who purchases artwork from artist members|
|‘Website’||The site at http://www.galleries-online.co.uk;‘Content’ Text, images and multimedia uploaded by members and Galleries-online|
|‘Member’s Space’||An area on the website dedicated to an individual Member where they may publish content.|
|‘Work(s) of Art’||The works of art submitted to the gallery for exhibition on the website|
|‘Gallery Management area’||An online content management system which enables artists to manage their own galleries online|
|‘Approval Period’||Ten (10) days;|
||Any circumstances beyond the reasonable control of either party including without limitation an act of god, an act of Government or regulatory bodies, default or interference caused by others, war or national emergency.|
||Audio and video content.|
In order to access certain features of this website and contribute content you will need to register for membership. Galleries-online reserves the right to refuse membership. Galleries-online also reserves the right to remove any content uploaded by the member that it deems as inappropriate. This includes but is not exclusive to content which:
Content uploaded and displayed in the member’s space may also be featured on other sections of the website.
In order to ensure the quality of content on the website Galleries-online may, in certain circumstances, remove an account that has been inactive for over two months. In such cases the member will be given two weeks notice via email.
Galleries-online also reserves the right to remove members whose identity does not reflect their true status for example, an artist using a gallery profile.
Members are only permitted to have one account.
Please note that this is a free service to the art community, any promotion of commercial activities or organisations other than your own must be requested via the support link. Unauthorised advertising will be removed without notice.
Galleries-online will make every reasonable effort to ensure that access to the Gallery Management area of the Member’s space on the website is secure. Members are responsible for ensuring that their username and password are not disclosed to any third party. Galleries-online will not accept responsibility for any loss or corruption of Members’ content or personal information arising from unauthorised parties using the Members username and password to access the Member’s account.
Title and Intellectual Property Rights
The Member warrants and represents that they have created the content and possess unencumbered title to all content, including multimedia files the Member has published on the Website. This also includes content embedded from another website such as Youtube.com
Save as expressly provided for in this Agreement, all patent, copyright, design right, trade marks, trade names and other intellectual property rights in or in relation to uploaded content shall remain the property of the Member and shall not pass to the Gallery.
All intellectual property rights in this website including the software, html pages, css documents, logos and graphics are owned by or licensed to Galleries-online. As such Visitors and Members are prohibited from copying, distributing or reusing any of these elements without the expressed permission of Galleries-online.
Selling artwork through Galleries-online
Artists may sell artwork from their member space. Galleries-online offers three approaches to selling artwork online. Refer to the Agency Agreement for more information.
Purchasing artwork through the Website
Visitors and Members may purchase artwork made available for sale by Artist members of the Website.
Artists may decide to deal with the buyer directly. This may be initiated either by the buyer submitting an expression of interest form for the artwork in question or making a purchase using the Artist’s Pay Pal account using the ‘Buy now’ button. In either case the Website accepts no responsibility for the completion of the sale.
Where the Artist has requested that the Website facilitates the sale both the buyer and artist must follow the process set out in the Terms and conditions of sale.
Galleries-online do not guarantee that the service will:
Galleries-online do not accept liability for any loss or damage that users may suffer as a result of using any part or function of the website including as a result of downtime or technical problems with the website.
Galleries-online also do not accept any liability for any content published on the website by a member being copied and misrepresented by a third party.
No amendment or variation of the terms of this Agreement shall be effective until the Member is notified of such amendments or variations.
Law and Jurisdiction
Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with this Agreement and waives any objection to proceedings in such Courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
Membership of galleries-online may be terminated by either Galleries-online or the Member at anytime without notice. In the case of membership being terminated by the Member Galleries-online will not refund any subscription payments already made for membership to the website.
If any provision or any part of any provision of this Agreement shall be held to be illegal or unenforceable, the enforceability of the remainder of this Agreement shall not be affected.
If either Party is affected by Force Majeure it shall promptly notify the other Party of the nature and extent of the circumstances in question.
Neither Party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Agreement, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other Party, and the time for performance of that obligation shall be extended accordingly.
The Member (whether or not this Agreement has expired or been terminated) will at all times indemnify and keep fully indemnified the Website from and against any actions, claims, proceedings, loss, costs, expenses (including costs and expenses in defending such a matter and its proper compromise) and demands arising directly or indirectly out of or incidental to or in connection with any breach by or on behalf of the Member of its obligations under this Agreement.
The Member appoints the Website as its non-exclusive agent for any Work(s) of Art uploaded to their space upon the terms and conditions set out in this Agreement.
The Members using Galleries-online to promote their artwork shall upload good quality reproductions of their work using the Gallery Management Area.
Galleries-online reserves the right to reject an image, text or multimedia uploaded by the Member.
The Member authorises the Website to:
Galleries-online reserves the right to decline to facilitate the sale of work between a Member and buyer.
The Member shall be entitled itself to negotiate and sell Work(s) of Art.
The Member has created the Work(s) of Art and possesses unencumbered title to all Work(s) of Art consigned by it to the Gallery under this Agreement.
The member warrants that they own all copyright in the content, or if not the owner, they have permission to use the content, and have the right to display, reproduce and sell the content. This also includes content embedded from another website such as Youtube.com
Sale of artwork
Artists may sell artwork from their member space. Galleries-online offers three approaches to selling artwork online:
Galleries-online will accept no responsibility for any sales undertaken directly between the artist and buyer. This relates to both 1a and 2 above. Please see the Terms and Conditions of Sale for sales relating to 1b and 3 above.
It is the artist’s responsibility to ensure that details of artwork offered for sale are correct both in terms of availability and description of artwork.
The following conditions apply to the purchase of any work of art displayed on the Web Site (the ‘Work(s) of Art’) when the sale is facilitated by Galleries-online. Galleries-online will accept no responsibility for any sales undertaken directly between the artist and buyer.
Galleries-online operates on a first-come basis, with all orders for Work(s) of Art to be sent via the Website. The Buyer, who notifies the Galleries-online of an intention to buy a particular Work(s) of Art, shall have first rights to purchase. In the event that two or more Buyers have interest in the same Work(s) of Art, determination of which Buyer came first will be determined by the time and date of the order.
Any sale facilitated by Galleries-online must following the following process:
The buyer agrees that the images of the Work(s) of Art on the Website are guidelines only. The Galleries-online will accept no responsibility for differences between the Website Images and the actual Work(s) of Art.
Delivery and Payment for works of art
Payment for all works herein shall be in UK Pounds Sterling, US dollars or Euros depending on the stated currency for the advertised price of works. The buyer shall make payment to Galleries-online via the Paypal secure payment system provided through the site.
Alternative methods of payment may be used at the discretion of Galleries-online.
Upon receipt of a customer order for Work(s) of Art, Galleries-online shall provide the Member with all customer details.
All Work(s) of Art shall be delivered directly by the Member to the customer and the Member is responsible for the costs of delivery.
The Price shall be paid by Galleries-online to the Member less the Commission within fifteen days (15) of the customer receiving the Works of Art provided the Buyer does not return the Works of Art pursuant to its rights under this agreement.
Returns shall be made to the Member and the buyer shall be responsible for all return costs.
The Member shall notify the Gallery of all returns it receives.
Commission shall be paid to Galleries-online by the Member on all Work(s) of Art sold as facilitated by Galleries-online under this Agreement. The commission payable will be deducted from the original price of the artwork.
No commission is due for the sale of works of art not facilitated by the Gallery.
Delivery and Insurance
All art purchase shipments are from the Member to the buyer. Delivery services for Work(s) of Art purchased through the Gallery will vary by Members and Buyers. Galleries-online takes no responsibility for delivery services.
The Member is responsible for the insurance of all Work(s) of Art created by him or her during delivery to the buyer. Delivery costs including insurance will be stated if additional to the original price of work.
Refunds and Return Policy
The buyer must notify Galleries-Online within ten (10) days from the date of receipt of the Work(s) of Art by e-mail to firstname.lastname@example.org of any intended return. After this time, all sales are final. The buyer may return any Work(s) of Art acquired for a complete refund, provided that:
The buyer is responsible for return shipping costs including insurance.
There is no right to return the Work(s) of Art where the Work(s) of Art have been made to the Buyer’s specifications or have been personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
All dealings are subject to the consent of the Member.
The Member warrants that he/she created and possesses unencumbered title to all Work(s) of Art under the Terms and Conditions of Sale. Title to the Work(s) of Art will transfer to the buyer upon possession.
Unless otherwise specifically indicated, the Work(s) of Art are originals, executed by the Member and are certified to be free from all defects due to faulty craftsmanship or faulty materials for a period of twelve months from the date of sale by the Member.
If flaws should appear during this period and be due to such causes, the Work(s) of Art shall be subject to repair or replacement, at the option of the Member. The Buyer is cautioned, however, that the Member cannot be responsible for fading, cracking, and other damage to these works caused by improvident exposure to sunlight and weather.
Details important to any sale of an artwork are accurate and are communicated accurately to the buyer before a sale takes place
The relationship of Galleries-online to the Member is as advertiser for the purpose of selling artwork consigned to Galleries-online.
After the ten (10) day approval period, the Buyer accepts the underlying artwork, relieving the Galleries-online of all responsibility. The Member’s contact details will be provided to the Buyer at the time of purchase. Any future claims due to undiscovered faults, hidden defects or questions of authenticity lie solely between the Member and the Buyer.
The Galleries-online reserves the right to refuse service to anyone at any time.
The Galleries-online may, without incurring any liability to the Member, at any time and from time to time, change the presentation of any of the Work(s) of Art or may cease to display or sell any of the Member’s Work(s) of Art on the Website.
Risk in and all responsibility for the Work(s) of Art shall remain with the Member subject to risk passing to the Buyer upon delivery.
If any dispute arises between the Buyer and/or Galleries-online and/or the Member the Buyer agrees to attempt to settle it by negotiation. A party may not serve an ADR notice or commence court proceedings/an arbitration until 21 days after it has made a written offer to the other parties to negotiate a settlement to the dispute.
Copyright in the Work(s) of Art and in the Web Site
The Member reserves all rights protected under English copyright legislation in all Work(s) of Art purchased by the Buyer.
The sale of the underlying work does not include the sale of rights to reproduction in any form unless specifically granted in writing by the Member. Copyright sales are wholly the Member’s privilege and an entirely separate transaction and not part of the underlying sale of the Work(s) of Art.
We are committed to protecting your privacy and promise to use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998.
The type of information we will collect about you includes your name, address, phone number and e-mail address. If at any time you would like to see the information we hold about you please e-mail Neil O’Rourke at email@example.com. If any information is inaccurate we will update our records accordingly.
We do not send unsolicited marketing emails to personal email addresses. Any requests to be removed from mailing lists will be processed without delay.
We never share personal information related to subscribers or customers with third parties.
We ensure that all personal information held within our databases is secure.
If you wish to make a complaint about the use of personal information on Galleries-online please email us at firstname.lastname@example.org.