TERMS AND CONDITIONS FOR THE MANUFACTURE AND SALE OF BESPOKE ART
Background
These Terms and Conditions have been prepared by MyArtBrief Ltd acting as the Agent between the Artist and Creator of the Brief. These Terms and Conditions form the Contract between the Creator of the Brief and Artist and include obligations of the Agent.They are the terms for the manufacture and sale of Bespoke Goods by the Artist registered on the website MyArtBrief.com and include the Brief, Quote, Schedule and any Conversation facilitated via the website.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- "Contract" means the contract between the Principal and Artist for the purchase and sale of Bespoke Goods;
- "Agent" means MyArtBrief Ltd;
- "Artist" means the Artist who created the Quote and Schedule;
- "Principal" means the creator of the Brief;
- "Goods" means the Bespoke Art to be created and supplied by the Artist;
- "Price" means the price payable for the Goods;
- "Quote" means the Quote created by the Artist;
- "Order" means the order for the Goods as described in your Brief;
- "Order Confirmation" means the Agents acceptance and confirmation of Order.
1.2 Each reference in these Terms and Conditions to "writing" and any similar expression includes electronic communications whether sent by e-mail, fax or other means.
1.3 The headings used in these Terms and Conditions forming the Contract are for convenience only and shall have no effect upon interpretation.
2. Information About the Principal, Artist and Agent
2.1 MyArtBrief Ltd, (the Agent) is a company registered in England and Wales under number 09677060 whose registered office is at Oakmere, Belmont Business Park, DH1 1TW.
2.2 "Artist First Name and Surname", (the Artist) with display name, "display name" is an Artist registered on the website with registered address, "address here".
2.3 "Principal Name and Surname", (the Principal) with display name "display name" is the creator of the Brief registered on the website with registerd address, "delivery address here".
3. The Contract
3.1 These Terms and Conditions govern the manufacture and sale of Goods by the Artist and will form the basis of the Contract between the Artist and Principal. Before accepting a Quote and Schedule, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask the Agent for clarification in the first instance.
3.2 A legally binding Contract between the Artist and Principal will be created upon acceptance and payment for the Quote and Schedule and both Artist and Principal will receive an Invoice Order Confirmation from the Agent.
3.3 The Agent shall ensure that the following information is given or made available to the Artist and Principal prior to acceptance of this Contract, save for where such information is already apparent from the context of the transaction:3.3.1 The details of the Brief as submitted by the Principal, (Appendix 1);
3.3.2 The details of the Quote, (including copyright assignment) provided by the Artist, (Appendix 2);
3.3.3 The details of the Schedule provided by the Artist, (Appendix 3);
3.3.4 The full transcript of any online Conversation prior to and after acceptance of a Quote between the Artist and Principal, (Appendix 4). That conversation may include additional Terms and Conditions for this Contract and as such is considered part of this Contract;
3.3.5 The identity of all parties (set out above in Clause 2) and contact details for the Agent and Artist (set out below in Clause 11);
3.3.6 The Agents Dispute handling policy and terms, (set out in Clause 12);
3.3.7 The Agent shall ensure that the Artist is aware of their legal duty to supply goods that are in conformity with the Contract.
4. Description and Specification of Goods
4.1 The Artist and Principal agrees to make every reasonable effort to ensure that the Brief and optional Conversation contain the required detail to create the required Goods.
4.2 The Principal and Artist agrees that the Goods to be created do not infringe copyright of any other Artwork that currently exists.
4.3 If the Principal does not receive Goods they believe adhere to the Brief then a Dispute can be raised. The Dispute policy and terms are detailed in Clause 12.
4.4 The Conversation, (up to the point of Quote acceptance) between the Principal and Artist, (recorded in Appendix 4) may include additional requirements or modifications to the Brief and as such would accompany or overrule elements of the Brief.
4.5 Before accepting these terms, please ensure that all information provided is correct, accurate and complete. Request for return of Goods via the Dispute process will not be accepted if information supplied by the Principal is incorrect. Please note that this does not affect your legal rights (including but not limited to those described in these Terms and Conditions).
4.6 If Changes to the Brief are requested by the Principal or Artist through online Conversation after a Quote is accepted, neither party is under any obligation to accept those requests but may agree at their discretion.
5. Orders
5.1 All Orders for Goods made by the Principal will be subject to these Terms and Conditions.
5.2 Orders cannot be changed or cancelled once a Quote is accepted and paid for except at the Artists or Principals discretion outlined in sub-Clause 4.6.
5.3 The Agent may cancel the Order if the Artist informs the Agent that they can no longer complete the Brief due to conditions outside of the Artists control.
5.4 If an Order is cancelled under sub-Clause 5.3, full payment will be refunded to the Principal within 7 days and this will be confirmed in writing.
6. Price and Payment
6.1 The Price of the Goods will be that shown in Appendix 2, (The Quote).
6.2 The Price includes any relevant VAT.
6.3 All payments for Goods must be made to the Agent in advance of the Artist starting the Brief.
6.4 The Agent accepts the following methods of payment:6.4.1 Paypal;
6.4.2 Debit or Credit Card, (via Paypal);
7. Delivery Or Collection
7.1 The Principal must agree collection or delivery with the Artist prior to acceptance of the Quote.
7.2 The Goods will be available as detailed in Appendix 3, (the Schedule).
7.3 Delivery or collection will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in the Principals Order and the Principal (or someone identified by the Principal) have taken physical possession of the Goods; OR when the Principal collects from the Artist and the exchange is confirmed via the website.
7.4 The responsibility (sometimes referred to as the 'risk') for the Goods remains with the Artist until delivery is complete as defined in sub-Clause 7.3 at which point it will pass to the Principal.
7.5 The Principal should check the Goods are free from damage on receipt.
7.6 The Principal owns the Goods once they are in their possession.
7.7 If the Principal has included in the Brief or Conversation with the Artist that delivery within the agreed time period or at the agreed time was essential and the Artist fails to deliver, the Principal may treat the Contract as being at an end and the Agent will reimburse the Principal within 7 days.
7.8 If sub-Clause 7.7 occurs the Principal may, instead of treating the Contract as being at an end, agree a new delivery time or time period with the Artist. If the Artist continues to fail to deliver the Goods, the Principal may treat the Contract as being at an end and the Agent will reimburse the Principal within 7 days.
8. Faulty, Damaged or Incorrect Goods
8.1 By law, the Artist must provide Goods that are of satisfactory quality, fit for purpose and as defined in the Brief. If any Goods do not comply and, for example, have faults or are damaged when you receive them, the Principal should begin the Dispute process as defined in Clause 12 within 3 days of receipt only if the issue cannot be resolved with the Artist.
9. Returning Goods
9.1 Goods are individual Bespoke pieces specific to the Principals requirements and as such returns are not accepted by the Artist for any reason other than damage during delivery or the Agent ruling in favour of the Principal in a Dispute.
9.2 In acceptance of these Terms and Conditions the Principal agrees to waive the 30 day money back guarantee detailed in the Consumer Rights Act 2015 and be bound by these Terms and Conditions, specifically but not limited to monetary amounts specified in the Schedule.
10. Events Outside of the Agents or Artists Control (Force Majeure)
10.1 The Agent and Artist will not be liable for any failure or delay in performing their obligations where that failure or delay results from any cause that is beyond reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond reasonable control.
10.2 If any event described under this Clause 10 occurs that is likely to adversely affect performance or any obligations under these Terms and Conditions:10.2.1 Affected parties will be informed as soon as is reasonably possible;
10.2.2 Obligations under these Terms and Conditions will be suspended and any time limits that either party are bound by will be extended accordingly;
10.2.3 Parties will be informed when the event outside of control is over and provide details of any new dates, times or availability of Goods as necessary;
11. Communication and Contact Details
11.1 The Agent can be contacted by email. Contact with the Artist should be done via the Agents website Conversation functionality.
12. Disputes
12.1 The Principal or Artist may at any point, after a Quote has been accepted and up to 3 days after receipt of the Goods raise a Dispute against the other party if a matter cannot be resolved between the two parties.
12.2 The party who the Dispute is against will have 7 days to respond before the Agents Dispute management team become involved as an impartial third party.
12.3 The Agent shall treat each Dispute on a case-by-case basis and not favour either party in the Dispute.
12.4 Disputes can be raised for, (but not limited to) the following reasons:12.4.1 The Principal does not believe the received Art conforms to the Brief;
12.4.2 The Principal does not believe the received Art is of the expected Quality;
12.4.3 Communication between the Principal and Artist has broken down during the process for any reason;
12.4.4 The Artist and Principal fail to agree on progression from a review step in a Schedule;
12.5 As already agreed in the Agents Terms and Conditions when signing up to the site, the Artist and Principal agree to the Agents final decision if no amicable resolution can be found.
12.6 The Artist and Principal agree to indemnify the Agent of any loss incurred by any party from the final decision.
13. Other Important Terms
13.1 The Agent may transfer (assign) obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if the Agent sells the business). Rights under these Terms and Conditions will not be affected and the Agents obligations under these Terms will be transferred to the third party who will remain bound by them.
13.2 The Contract is between the Principal and the Artist with the Agent having specific obligations. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
13.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
13.4 No failure or delay by any party in exercising any of the rights under these Terms and Conditions means that they have waived that right.
13.5 If the Artist or Principal review the other via the Agents website they agree to submit a fair and honest review of the other party. The Agent reserves the right to remove the review if deemed dishonest or unfair.
13.6 Should the Principal sell on the Goods at a future date the Principal agrees to contact, (directly or via the Agent) the Artist, to pass the required portion of the net sale price to the Artist as defined in the Resale Rights Directive 2001/84/EC where royalty rates are currently;4% for sale price less than €50,000
3% for sale price between €50,000.01 and €200,000
1% for sale price between €200,000.01 and €350,000
0.5% for sale price between €350,000.01 and €500,000
0.25% for net sale price greater than €500,000
14. Law and Jurisdiction
14.1 These Terms and Conditions, the Contract, and the relationship between the Principal, Artist and Agent (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
14.2 Any dispute, controversy, proceedings or claim between all parties relating to these Terms and Conditions, the Contract, or the relationship between the parties (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
