Terms and Conditions for Artists
If you are a customer, please click here to view our standard Terms & Conditions.
These terms and conditions form a legally binding agreement between you and MIMIC Art Trading Company, the supplier of the Service. Your statutory rights are not affected
We are: MIMIC Art Trading Company, SBC House, Restmor Way, Wallington, United Kingdom, AM6 7AH
You are: a user of our services.
1 Definitions
“Us/Our/We” means MIMIC Art Trading Company.
“You/Yours” etc. means you, a user of our services.
“Site/Sites” means web site www.mimic-art.co.uk or any other sites owned and controlled by Us.
“Artwork/Artworks” means artwork/craftwork owned and controlled/designed and Submitted 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.
4 Non-exclusivity
4.1 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 Gallery & Print Images
6.1 You must supply two high-quality digital Images of each Artwork You wish to sell through Us: a Gallery Image and a Print Image. For supplied art, we work to strict sizing formats. You must work to a canvas size of 5095×4133 pixels at a resolution of 300 pixels per inch. The Images must be in JPEG format. The Gallery Image will show the entire artwork and will be 800×560 pixels and will not exceed a file size of 200kb. The Print Image will show the entire artwork and will be 5095×4133 pixels at a resolution of 300 pixels per inch and will not exceed a file size of 35mb
6.2 Artwork must be to the edges of the canvas and not have any borders.
7 Pricing and Artwork particulars
7.1 We will choose the price which the Artwork will be sold for. This price will be inclusive of VAT (if applicable) and delivery and insurance costs and Our commission. Our profit margin is 30% for work marketed and sold on our website. The remainder of the purchase price is what it costs to have the item printed, framed and sent to the buyer. You will receive 30% of the profit margin (ie. 30% of the 30% margin. This means a £100 customer purchase will yield you an approx £9 payment.
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.
7.3 Once these terms are accepted You agree to sell the Artwork at the price we determine.
8 Delivery, packaging and insurance
8.1 We are responsible and liable for costs of all materials, packaging, delivery and insurance costs.
8.2 We will ensure that Artworks are securely packaged, labelled and adequately insured for safe delivery to the Customer.
8.3 We 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 We will package and arrange delivery of Artworks to the Customer within a maximum of five working days of receiving the order (UK).
8.5 Should We become aware of any reason why an Artwork that has been ordered from Us may not be received by the Customer within 5 days, We will notify the customer 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.
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 customer for unwanted items returned withing 14 days via their chosen courier. We will investigare 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. No payements will be made for returned orders – only finalised orders will pay-out.
10 Payment for Artworks
10.1 Should Your Artwork(s) be sold We will raise a purchase Purchase Order for the Price and you will invoice Us for that amount. The Invoice will be paid by Us no sooner than 30 days after We have confirmed delivery of the Artwork(s) to the Customer.
10.2 Payment will be made by 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.
11.2 In the event of a return or damaged goods claim, we will arrange the return and /or replacement/refund.
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.
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