Visitors/Buyers Terms & Conditions
Owner and operator
Definitions for visitors/buyers
The term ‘us’, ‘we’ or ‘our/s’ refers to Killer Formats Ltd – the owner, operator and controller of this website. The term ‘you’ and ‘your’ refers to viewers of and or buyers of art from this website. The term ‘artist’ relates to an artist who exhibits/uploads art on this website. An ‘artwork’ relates to a piece of art uploaded by an artist for sale on the site. The ‘website’ relates to www.original-art-under100.com.
As a visitor to and or buyer of art from this website, you accept, understand and agree to the following:
- That if you do not receive your artwork within 14 days of purchasing it on the site, then the order may be deemed to have been cancelled. If we deem the order to be cancelled, we will refund your purchase money by direct bank transfer within 10 working days.
- That in the very unlikely event of our mistakenly releasing payment to the artist for an artwork which was never delivered, it will be for the artist (the seller) to refund you (the buyer) directly. Neither we nor your credit card issuer shall be liable to you in any way in this eventuality.
- That neither we or your credit card company shall not be held liable as a result of your use of any aspect of this website – which you use entirely at your own risk.
- That in the event of a dispute over an artwork bought and or returned via the site, your sole recourse will be via the artist and not us or the credit card company, whose card you used to purchase the artwork.
- That the contract for sale for artwork bought via this site is between you the buyer and the artist. We will provide both the artist and you with the other party’s contact details. Our role in the transaction is purely to hold your purchase money until the artwork has been delivered to the buyer, at which point we will release the money to the artist, less our commission.
- That neither we nor any third party warrant or guarantee the suitability, performance, accuracy, timeliness, completeness of information, content or material on this site for any purpose. You understand, acknowledge and agree that any material or information on this site may well contain errors, and as such, we exclude any liability whatsoever in this respect for any such errors, to the fullest extent permitted by English Law.
- That this site may contain material that is owned by us or licensed to us. This may include, but will not be limited to: the general appearance, design, layout, look, and graphics, of which, unauthorised reproduction is strictly prohibited.
- That you will be solely responsible for any damage to your computer or systems resulting from downloading material on this site that may contain viruses, Trojan Horses or malware etc.
- That we reserve the right to institute proceedings for damages (without limitation) against anyone using this site in an unauthorised, improper or malicious manner. This would include carrying out off-site sales with artists who you have been introduced to via this site.
- That any links to other websites are provided for your convenience only. We do not endorse these website(s), nor do we have we any responsibility or liability relating to their content.
Fourteen Day returns policy for buyers
- That although our artists offer a no quibble returns/refund policy for a 14 day period following the buyer actually receiving an artwork. This is however subject to strict conditions. If a Buyer decides to return an artwork to the Artist within 14 days of receipt, you will carry out the following basic measures (hereinafter referred to as Buyer’s Basic Measures) when returning artwork:
- At your own cost you will appropriately and robustly package the Artwork for safe transit;
- At your own cost you will ensure your courier has an adequate track and trace system in place when posting the artwork;
- That at your own cost you will ensure the artwork is fully and adequately insured against loss or damage in transit;
- That at your own cost you will ensure that the artwork is signed-for on delivery by the artist.
- That only upon confirmation of the artist’s returned artwork, will we return your purchase money to you by direct bank transfer, less our cash handling/admin costs amounting to 2.5% of the purchase price.
- That you have no right to return artwork once the 14 day returns period has expired.
- Your use of this website and any dispute arising from your using it, will be subject to English law.
- If any part of these Terms and Conditions is found to be invalid, illegal or unenforceable, but would be valid, legal or enforceable if some part of the provision were deleted or amended, that provision will apply with whatever modification(s) as are necessary to make it valid, legal and enforceable
- You must be over 18 to purchase art from this website
If you do not accept, understand and agree to these terms and conditions, please do not buy art from this site.
Artists Terms & Conditions
Definitions for submitting artists
The term ‘us’, ‘we’ or ‘our/s’ refers to Killer Formats Ltd – the owner, operator and controller of this website. The term ‘you’ and ‘your’ refers to a submitting artist who uses this website to exhibit/upload/sell artwork on this website. An ‘artwork’ relates to a piece of art uploaded by an artist to the site. The ‘website’ relates to www.original-art-under100.com. ‘Visitor/buyer’ relates to either a visitor to or a buyer of an artwork from the website.
As an artist using this site to upload/exhibit/sell your artwork, you accept, understand and without question agree to the following:
Pricing, describing, packaging, posting and holiday mode
- That you will always accurately describe your artwork including providing accurate dimensions.
- That you will always deploy the “Holiday” mode on your personal gallery if you are going away, incapacitated or for any reason will not be able to despatch artwork within 4 days of it being purchased.
- That artists are free to exhibit work with other sites and galleries – we do not require exclusivity.
- That we shall not be liable for any mis-description you make relating to your artwork and any dispute in this regard will be between you and the visitor/buyer.
- That the artwork is your property to sell, that it is not obscene or defamatory
- That all prices will be shown exclusive of VAT.
- That you are solely responsible for estimating the postage and packaging costs of your artwork to all the destinations published, and that neither we, nor the buyer nor the buyer’s credit card company will be liable for the costs of any under-estimation on your part.
- That you will always honour the published postage and packaging (P&P) costs shown against your artwork. Your published P&P costs form part of a binding sales contract between you and a buyer, and thus, you are not permitted to change this once a buyer has ordered your artwork.
- That where a buyer has been introduced to you via the site, you will ALWAYS conduct all sales with them via this website and not embark on off-site deals.
- That if a sale is concluded on the site, but the work turns out to be already sold or is unavailable to be dispatched, you will incur a £5 administration charge. This sum will be deducted from the proceeds of your next sale. For persistent offenders, we reserve the right to remove their account from the site.
- That in the case of overseas sales, we currently ONLY offer deliveries to buyers in the following 6 key territories: UK, Europe (inc. Channel Islands), USA, Canada, Australia and New Zealand. It is mandatory for artists to deliver to buyers in the UK, however it will be for artists to decide whether you wish to sell to the other territories above.
[To save you time in estimating postage and packaging (P&P) costs for overseas destinations – should you choose this option, we refer you to Ebay’s Postage Estimator page: http://postageestimator.ebay.co.uk/ This web page is just a guide to pricing and we will not be liable for any losses on your part resulting from any inaccuracies. Remember you MUST stand by your published P&P costs, as they form part of the contract between you and the buyer when they purchase your work online. We recommend that you over-estimate your P&P costs to ensure you do not lose out when posting your artwork. Legitimate costs can include your costs in getting to your place of postage and costs incurred in sourcing the packaging material].
When you sell an artwork
- That the contract for sale is between you and the Buyer. Our role in the transaction is to host the sale, hold the purchaser’s money and release it to you once the buyer is in receipt of the artwork.
- That the delivery of the artwork to the buyer is your sole responsibility. We will not be liable should artwork not arrive with the buyer. This will be for you (the seller) and the Buyer to resolve locally.
- That when posting your artwork, you will always deploy the following basic measures (hereinafter referred to as Basic Measures):
- At your own cost you will appropriately and robustly package the Artwork to ensure damage free delivery;
- At your own cost you will ensure your courier has an adequate track and trace system in place when posting the artwork;
- At your own cost you will ensure the artwork is fully and adequately insured against loss or damage in transit;
- At your own cost you will ensure that the artwork is signed-for on delivery by the buyer.
- That you will not post an artwork on the same day that it was ordered on the site. This is so that overnight credit card fraud checks can be carried out. If on overnight examination, the transaction is thought to be fraudulent, we will alert you by email, confirming the order is void – and you should not send the artwork. This alert will be sent either later that day, or first thing the following day.
- That upon a buyer purchasing your artwork, you will use your best endeavours to post it the following day (having carried out the basic measures listed above) and in any event no later than 4 days following the date of the purchase.
- That you will use your best endeavours to maintain a dialogue with the buyer to ensure that your artwork is delivered safely and within 10 days of posting.
- That we will pay you your purchase money for artwork sold no sooner than 31 days from the date the buyer paid for the artwork. This 31 day period breaks down to: 4 days for you to despatch your artwork; 10 days to ensure it is delivered; 14 days should the buyer wish to return the artwork; 3 days for the buyer to respond to our auto email (to which they should only reply, if they have not received the artwork or they have, or intend to return it).
Mistaken Payments & Disputes
- That in the unlikely event that we mistakenly pay you for an artwork that has not arrived with a buyer, you will be liable for ensuring the buyer is refunded. It will also be your responsibility to make a claim for your losses with your postal insurer in this respect. Once the buyer is refunded, we will return your commission to you, via direct bank transfer. In this respect, you indemnify both us and buyer’s credit card provider against all costs, actions, judgements or claims (without limitation) brought by a buyer, relating to them not receiving a refund from an aborted transaction on this site.
- That we will not be liable or be compelled to intervene in disputes over delivery, damage, customer dissatisfaction or any other disputes between artists and buyers.
- That if buyers do not receive your artwork within 14 days of purchasing it on the site, then the order is deemed to have been cancelled and we will refund the buyer’s purchase money. In this eventuality, it will be for you to make a claim on your postal insurance.
- That in order to be able to show and promote our artists’ work on the website, we do require submitting artists to grant us some specific rights. In particular, in uploading/submitting/ artwork to this site (including any text, photographs, graphics), submitting artists agree to grant us a non-exclusive, royalty-free right to show and manipulate digital images of their uploaded/submitted artwork; and further, artists grant us the right to use such digital images of your uploaded/submitted artwork for the general marketing of this website on a cleared, worldwide basis.
Fourteen day no-quibble returns policy
- That if for any reason buyers are unhappy with their purchase, all exhibiting artists agree that we will issue full refunds on request, within 14 days of a buyer receiving the artwork. However, refunds will only be made once the artwork has been safely returned to the artist – THE COST OF WHICH SHOULD BE MET BY THE BUYER NOT THE ARTIST. In the case of disputes, this will be for the artist and buyer to resolve locally. For the avoidance of doubt, all artists understand and accept that we will not be compelled to intervene in disputes over delivery, damage, customer dissatisfaction or any other disputes between artists and buyers.
Warranties & guarantees
- That in uploading/submitting any artwork to this website, as a submitting artist, you warrant and guarantee that the uploaded artwork:
- is your own original work and that you have the right to make it available to www.Original-Art-Under100.com for all purposes specified herein;
- is not defamatory or obscene;
- does not infringe any law or the rights of any third parties
- That artists understand and accept that any artwork submitted to this site is done so at their sole responsibility, not ours; and that the onus will be entirely on them, rather than us, to defend (at their sole cost) any claim or action (including but not limited to legal action) brought by others in relation to the copyright or lawfulness of any work submitted to this site. In the event of any form of dispute, we reserve the right to remove such artwork until such dispute has been satisfactorily resolved between the submitting artist and third parties, and until all permissions have been restored unchallenged.
- That you will fully indemnify us, our subsidiaries, affiliates, officers, agents, co-branders and employees, and hold us harmless against any and all legal fees, damages, costs, claims, actions, expenses whatsoever that may arise as a result of your breach of these warranties and guarantees. Furthermore, you hereby waive any moral rights in your submitted work for the purposes of its submission to and publication on this site.
Termination and removal of artwork
- That we reserve the right to deny or suspend any artist membership to this site, should we consider they have abused, misused, defrauded or generally sought to effect the smooth running of this site. This will be at our sole discretion.
- That we reserve the right to remove any artwork from the site for any reason at any time – this might be because we do not think it is suitable or in-keeping with the site. Generally speaking, unless it is produced in a particularly interesting and stylised way, we do not encourage artists to upload pet portraits or celebrity portraits. Furthermore, if the photography of the image is poor or if it is badly cropped, these images too may be removed.
Pricing and free trial membership
- That we have the right to alter the membership price and/or the free trial period offered to new members at any time without notice.
- That where an artist entirely deletes their account before their paid-up period has expired, we will not issue a refund for the unused period.
- That we have the right to cease publication of this website at any time for any reason. In this unlikely event, our free limited membership offer will cease; artists’ membership will not be renewed, and the website will be de-commissioned once all outstanding memberships have expired. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of this site.
- That these terms and conditions may change at any time without notice to artists.
- That your use of this website and any dispute arising from your using it, will be subject to English law.
- That VAT is not payable on membership fees for UK artists or for artists from countries outside the EU. However, under new EU rules effective from 01.01.15, artists who live in EU Countries OUTSIDE the UK, will be required to pay VAT on membership fees at the rate prevailing in their country of residence. In these rare cases, we will contact artists directly for the additional funds required.
- If any part of these Terms and Conditions is found to be invalid, illegal or unenforceable, but would be valid, legal or enforceable if some part of the provision were deleted or amended, that provision will apply with whatever modification(s) as are necessary to make it valid, legal and enforceable.
- We will take 15% commission on the sale price of all artwork sold via the site. This is taken at source and artists are paid the balance, plus their postage costs – approximately 30 days after the purchase. For any member artists who are resident outside UK, they will incur an additional 4% overseas payment charge for artwork sold. With effect from 21/09/15, we will be introducing a minimum commission sum of £5. Thus for sales under £50, there will be a flat commission due to us of £5.
If you do not accept, understand and agree to these terms and conditions, please do not join/subscribe/upload/exhibit/sell your artwork with Original Art Under £100.com