sell my art how we work with you

buyer terms & conditions

 

who are you dealing with ?

 
sell my art is the trading name of Sellify Limited, a company registered in Scotland with company number SC638783 and having its registered office at Baileyfields, Justice Park, Oxton, Lauder TD2 6NZ.  We facilitate the sale of artworks between a seller and a buyer, primarily through our web site www.sellmyartworks.com.  This document sets out the terms and conditions on which we provide a service to you, as a buyer or potential buyer.  We are under a legal duty to supply services that are in conformity with this contract.  Nothing in these terms will affect your legal rights.

 

what you need to do …….

 

browse our platform regularly for artworks you love and may wish to buy.

 

if you would like more information on a piece of art we have for sale, please tell us using the enquire on availability button.

 

if you wish to purchase please tell us using the enquire on availability button so we can reserve the piece for you.

 

if you wish to review a piece of work before purchasing, let us know.  at your cost, we can arrange shipping to one of our affiliated galleries as close to you as possible.  when we have all the information we require, we will email you to confirm we are willing to arrange this, at which point a contract will come into existence between you and us.  we will ask you to make payment and shipping will be instructed following receipt of payment.  if  you buy the item, the shipping costs will be refunded.

 

following a request to view, we will ask the seller to have the artwork packaged and ready for collection within 48 hours following receipt of your request.  if you elect to purchase the item following a viewing, you may collect the item from our affiliated gallery, or we can arrange shipping to another location specified by you at your cost.

 

for any purchase, you will have a right to change your mind and end your contract within 14 days after the date of our confirmation email.  however, once we have completed the services under the contract you cannot change your mind, even if the 14-day period is still running.  if you cancel the contract after we have started providing the services, you must pay us for the services provided up until cancellation.  if you wish to cancel the contract please contact us by phone or email.

 

we may end the contract at any time by writing to you if (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due, or (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.  we may write to you to let you know that we are going to stop providing the services.  we will let you know as soon as possible if this is the case and we will refund any sums you have paid in advance for services which will not be provided.

 

how sell my art will help you …….

 

before marketing an item for sale, our art consultants undertake a comprehensive market review and provide the seller with a certificate reflecting our estimated market facing valuation for the artwork.  the market facing valuation will be undertaken by one of our experienced art consultants and thereafter reviewed and agreed by an art director.

 

the purchase price we quote is inclusive of the finders fee (buyers commission) plus VAT (if appropriate) and ARR*. normally you can expect delivery of your new artwork within 14 days of payment of the purchase price, but the timescale can vary depending on the seller’s circumstances.  for your peace of mind we will allocate the purchase price to a holding account.  you will have an opportunity to reject and return the artwork within 5 days following delivery and in such case we will refund the purchase price to you from the holding account, under deduction of any shipping costs incurred by us.  unless you return the artwork to us within the 5 day period, we will assume you are willing to take title to the artwork and we will uplift the purchase price from the holding account and pay the purchase price to the seller after deduction of the finders fee and any other deductions authorised by the seller.  We shall deduct and personally claim any interest earned on funds held in the holding account.

 

*note: as professionals in the art market, sell my art supports the Artists Resale Right (‘ARR’) which legally entitles EU artists to receive a small percentage of the artwork price whenever an art market professional is involved in the resale of an art work for €1,000, or more.  where payable this will be the sellers responsibility and be built in to the advertised sales price.

 

you understand and accept that we have taken reasonable steps to confirm the seller has title to the artwork, but we are not in a position to provide a warranty as to title.

 

you agree that, based on the information you have provided to us, we will notify you of artworks that we believe you may be interested in buying.  we may also contact you in the future with products and services that we think may be relevant based on the information you have provided to us.

 

Other important terms…

 

we shall not be deemed to be a trustee and shall have no obligations or duties in respect of the holding account other than those expressly set out in this document or in any agreement we enter into with the seller.  we will not be held liable for any mistake of fact, error of judgment or act or omission of any kind unless caused by our wilful misconduct or gross negligence.  our rights and your obligations under this paragraph shall survive termination of our contract.

 

we will only use your personal information as set out in our privacy policy [insert link].

 

this contract is between you and us.  no other person shall have any rights to enforce any of its terms.  we may transfer our rights and obligations under these terms to another organisation.  we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. you may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

 

if a court finds part of this contract illegal, the rest will continue in force.  Each of the paragraphs of these terms operates separately. if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. for example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

 

these terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in another jurisdiction you can bring legal proceedings in respect of the services in either the courts of your home jurisdiction or the Scottish courts.