Sky Spirit Gallery terms and conditions
These terms and conditions establish a legally binding agreement between you and Sky Spirit, the provider of gallery services. Your statutory rights remain unaffected.
Sky Spirit Gallery Address: 19 Church Street, Longframlington, Morpeth, Northumberland NE65 8DL.
1.1 "Us/Our/We" refers to Sky Spirit or Sky Spirit Gallery.
1.2 "You/Yours," and similar terms, refer to you, a user of our gallery services.
1.3 Site/Sites" indicates the website skyspirit.co.uk and any other websites owned and managed by us.
1.4 "Artwork/Artworks" signifies artwork or craftwork owned and controlled by you for the purpose of selling through the Site.
1,5 "Service" denotes the process of displaying, marketing, and selling your Artwork through our Sites.
2 Acceptance of Artist
2.1 We retain the right to approve or reject your application to showcase Artworks through us. By applying, you accept these terms and conditions.
2.2 You guarantee the accuracy and currency of all information provided to us.
2.3 You consent to displaying your artworks and descriptive information on the Site.
2.4 You agree to promptly notify us of any changes to your information, including name, address, contact details, pricing of Artworks and the Sold status of Artworks.
3 Acceptance of Artworks
3.1 We reserve the right to accept or reject your application to market any Artwork through us for any reason.
3.2 Upon making a sale, you enter into a legally binding contract with us to complete the sale and dispatch the artwork within the agreed timeframe.
4.1 You may market your Artwork through other channels concurrently with our platform, provided:
4.1.1 It 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 through another gallery, either online or physical, at a lower price than the one offered through our platform. This excludes your own personal sales channels, website, makers' markets and suchlike.
4.2 If the Artwork is sold through another channel, you must promptly inform us so that we can remove it from sale on our Site.
5.1 You affirm that all work sold through us is free of copyright restrictions or intellectual property disputes, and you have the right to sell the Work.
5.2 The copyright in the Artwork remains with you, even after ownership is transferred to the Customer.
5.3 You give us permission to use images of your artwork in any marketing materials, including websites, social media, and advertising campaigns, online or offline.
6 Illustrative images
6.1 You must provide at least one high-quality digital Image of each Artwork you intend to sell through us in JPEG format. The Gallery Image must display the entire artwork, including the frame (if framed), with a minimum pixel width of 600 pixels.
7 Pricing and Artwork particulars
7.1 You will set the normal selling price (wall price) for the Artwork, which must include VAT (if you are registered and it is applicable), your delivery and insurance costs and our commission. Our commission rate will usually be 25% for online sales.
7.2 We may, from time to time, run discounts using discount codes, up to a maximum of 15%. You will be asked if you wish to participate in such a promotion.
7.3 Once accepted, you agree to sell the Artwork at the agreed price. At no point does ownership or responsibility for the Artwork pass to Sky Spirit.
8 Delivery, packaging and insurance
8.1 You are responsible for the costs of materials, packaging, delivery and insurance, which cannot be reimbursed by us under any circumstances. These costs should be factored into your Artwork pricing.
8.2 You must securely package, label and insure Artworks for safe delivery to the Customer.
8.3 Artwork packaging should not contain contact details encouraging direct communication between you and the Customer.
8.4 You should package and arrange delivery of Artworks to the Customer within a maximum of 14 working days from receiving the order.
8.5 In case of any delays preventing Artwork delivery within 14 days, please immediately notify us. We may offer a refund to the Customer if they are not willing to accept the delay. This will mean that the order will be cancelled from you.
9 Returns and damaged goods
9.1 If Artwork arrives damaged with the Customer, you are responsible for retrieving the Artwork's costs.
9.2 You should claim retrieval costs through the insurance cover provided by your chosen courier. We do not accept reimbursement claims for damage to Artworks for which you have arranged delivery.
9.3 If the Customer returns the Artwork(s) within 14 days of receipt, this constitutes order cancellation. We are not liable for your delivery expenses in this case.
10 Payment for artworks
10.1 If your Artwork(s) are sold, you will be paid no sooner than 28 days after we confirm Artwork delivery to the Customer.
10.2 Payment will be made via bank transfer.
11 Ownership of customer relationship
11.1 You acknowledge that the business relationship between the Customer and us is exclusively owned by us. You must not sell directly to the Customer or develop a direct relationship that could be of detriment to our business, unless approached directly by the customer externally. Please don’t include your contact details or marketing material in Artwork packaging.
11.2 In the event of a return or damaged goods claim, we will release your details to the Customer.
12 Agency commission and terms
12.1 If you provide details of additional services you offer for us to promote and advertise, such as book illustration, one-to-one art tuition, school workshops etc, any paid work secured through a contact initiated on this website, or by the operators of this website during promotional activities, shall be subject to a 10% agency fee. This facilitates Sky Spirit's operation as an agency/gallery hybrid. Payment for such procured services should be made to Sky Spirit by the end client and all correspondence with the end client must be conducted by Sky Spirit. The company will deduct the 10% commission and pay the Artist the balance not less than 28 days later.
13.1 You agree to defend, indemnify and hold us, our officers, directors, employees, agents and third parties protected from damage, financial or otherwise, caused by violation of the contractual requirements in this document.
13.2 We provide this service on an "as-is" basis without any warranties, including implied warranties of merchantability and fitness for a particular purpose.
13.3 This Agreement is governed by English law and subject to the jurisdiction of English courts.
13.4 We reserve the right to update artist terms and conditions with a minimum 28-day notice.
13.5 Use of the service constitutes acceptance of these rules.
All rights reserved.