These are the terms and conditions that form a legally binding agreement between you, the artist, and us, Heavy Music Artwork Ltd, the supplier of the Service. Your statutory rights are not affected.
We are: Heavy Music Artwork Ltd, PO Box 5778 Sevenoaks TN13 9RW, UK
You are the user of our services.
“Us/Our/We” means Heavy Music Artwork Ltd.
“You/Yours” means you, the artist, a user of our services.
“Art/Artwork/Artworks” means artwork/craftwork/creative owned and controlled by You for the purposes of selling through our Store.
“Service” means the process of promoting/displaying/marketing/selling your Artwork through our Store.
2 Approval process of the Artist
2.1 We reserve the right to accept or decline Your application, and Your application submission includes Your acceptance of these terms and conditions of Service.
2.2 You certify that all information provided to Us is correct and up to date.
2.3 You agree to show your Artwork and descriptive information on the Store.
2.4 You will communicate to Us any changes in the information stored by Us, including name, address and contact details, Artwork pricing, and Artwork’s Sold status.
3 Acceptance of Artworks
3.1 We reserve the right to accept or decline Your application to market any Artwork through Us without giving any reason.
3.2 If a sale is made, you enter into a legally binding agreement with Us to complete the sale and despatch the Artwork in the agreed time.
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 you are offering through Us.
4.2 If the Artwork is sold via another channel, You will immediately remove it from sale on the Site.
5.1 You certify that all work sold through Us is free of any copyright restrictions or intellectual property disputes. You certify 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, or in any advertising campaigns, online or offline, at any time.
6 Illustrative Images
6.1 You must supply at least four high-quality digital Images of each Artwork You wish to sell through Us: a Gallery Image and three Detail Images. The Images must be in high-resolution JPEG format. The Gallery Image will show the entire Artwork, including the frame (if framed). The minimum pixel width of the Gallery image will be 1200 pixels. The Detail Image will show a portion of the Artwork to illustrate the grain of the canvas as well as the signature. The shortest size of the Detail Image will be at least 1200 pixels. Images can be in portrait or landscape, and you will send us the Images by any of these file transfer services WeTransfer, Google Drive and Dropbox.
7 Pricing and Artwork particulars
7.1 You will choose the retail price for which the Artwork will be sold. This price must include VAT (if applicable), your delivery and insurance costs, and Our 40% commission.
7.2 We will, from time to time, agree to discount work and/or use discount codes up to a maximum of 15%. All artists are required to agree to accept such discounts on the selling price.
7.3 Once accepted, You agree to sell the Artwork at the agreed price.
8 Delivery, packaging and insurance
8.1 You are responsible and liable for the costs of all materials, packaging, delivery and insurance fees. These costs cannot be reclaimed from Us under any circumstances and should be considered when pricing Your Artworks.
8.2 You will ensure that Artworks are securely packaged, labelled and adequately insured for safe delivery to us.
8.3 You will package and arrange Artworks delivery to us within five working days of receiving the order.
8.4 Should we become aware of any reason why we may not receive an Artwork that has been ordered from You within five days, You will have to notify Us immediately of the reason for and expected length of the delay. 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 If the Artwork arrives damaged, You will be liable for the costs of retrieving the Artwork.
9.2 You will claim any costs in retrieving the Artwork through the insurance cover provided by Your chosen courier. We will not accept claims for reimbursement in the event of damage to Artworks under any circumstances.
9.3 You accept that if You have not taken adequate insurance, You will be liable for the costs of retrieving the Artwork.
9.4 You accept that we may return the Artwork (s) within 14 days of receipt, which will constitute the order’s cancellation. We will not accept liability for Your delivery expenses in this instance.
10 Payment for Artworks
10.1 For original Artwork(s) sold, We will raise a purchase invoice for the price. The Invoice will be paid by Us no sooner than 28 days after We have confirmed delivery of the Artwork(s) to us.
10.2 Payment will be made by bank transfer or PayPal.
10.3 For sold prints, We pay at the end of every calendar month by bank transfer or PayPal.
11 Ownership of Customer relationship
11.1 You agree that we entirely own the Customer business relationship. 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 the Artwork packaging.
11.2 In case of a return or damaged goods claim, we will release Your details to the Customer.
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 construed by English law. The courts of England shall have jurisdiction to hear and determine any cost, action or proceedings and settle any disputes arising from or in connection with these rules. You irrevocably submit to the jurisdiction of such courts.
12.4 We reserve the right to change terms and conditions as necessary to support our business objectives. We will provide a minimum of 28 days’ notice in an artists’ newsletter.
12.5 Using our Service constitutes acceptance of these rules.
Heavy Music Artwork Ltd. All rights reserved.