Last updated: 13/06/2020

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  1. Terms and Conditions for all our Customers, Visitors and Artists

2. Terms & Conditions for our registered artists

1. Terms & Conditions

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://nw-creative.com website (the “Service”) operated by NW Creative Limited (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of NW Creative Limited and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by NW Creative Limited.

NW Creative Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that NW Creative Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

2. Terms & Conditions for Artists/Sellers

These terms and conditions form a legally binding agreement between you and NW Creative Limited, the supplier of the Service. Your statutory rights are not affected

We are: NW Creative Limited, 11 New College Parade, Finchley Road, London NW3 5EP
You are: a user of our services.

1 Definitions

“Us/Our/We” means NW Creative Limited

“You/Yours” etc. means you, a user of our services.

“Site/Sites” means web site artgallery.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 Non-exclusivity

4.1 You retain ownership of all work consigned to or represented by Us. ARTIST retains copyright to all consigned artwork in perpetuity, as governed by law.

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 Copyright

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.

5.3 You grant us a perpetual and irrevocable licence to use photographs of your Artwork on the Website and in any marketing materials, including on any websites, social media, in any advertising campaigns, online or offline, at any time.

6 Illustrative Images

6.1 You must supply at least one high-quality digital Images of each Artwork You wish to sell through Us. The Images must be in JPEG format. The Gallery Image will show the entire artwork including 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 exclusive of VAT (if applicable). Our commission rate will normally be 40% for work marketed and sold online.

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 (in other words, We can not sell your artwork for a lower fee if you are not in agreement).

7.3 We will keeps our right to change the price in consultation with You. Factors influencing retail sales price, include history of prior sales by You, market demand, and the Company’s knowledge of its inventory, buyers and price-points.

7.4 Once accepted You agree to sell the Artwork at the agreed price.

8 Delivery, packaging and insurance

8.1 We are responsible and liable for costs of delivery and insurance. These costs cannot be reclaimed from Us under any circumstances and should be taken into account when pricing Your Artworks.

8.2 If You selling your original artwork, We will organise for collection and delivery, You will ensure that Artworks are securely packaged 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 We will arrange delivery of Artworks to the Customer within a maximum of five working days of receiving the order or if stated different on the artwork’s page.

8.5 Should Us or You become aware of any reason why an Artwork that has been ordered from You may not be received by the Customer within 5 days, You will notify Us immediately of the reason for and expected length of the delay. We will attempt to contact the customer and in some cases may offer a refund to the Customer resulting in the cancellation of the order from You.

9 Returns and damaged goods

9.1 In the event of the Artwork arriving damaged with the Customer, We will be liable for the costs of retrieving the Artwork.

9.2 We will claim any costs in retrieving the Artwork through the insurance cover provided by Our chosen courier. We will not accept claims for reimbursement in the event of damage to Artworks under any circumstances.

9.3 We accept that if We have not taken adequate insurance, We 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 consitute cancellation of the order.

10 Payment for Artworks

10.1 After the Customer paid Us for the artwork, we will send You your comission (the price you set upon uploading the Artwork and 60% of the final price) in no more than 14 days time. Payments for all our artists are on an automated weekly basis.

10.2 Payment will be made by PayPal or 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 written 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.

12 Disclaimer

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.

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