how we work with you

buyer terms & conditions


who are you dealing with?

sellmyart is the trading name of Trademylux Limited, a company registered in Scotland with company number SC747669 and having its registered office at 20b Drumsheugh Gardens, Edinburgh EH3 7RN. VAT number is 450 8964 67. we facilitate the sale of artwork between a seller and a buyer, primarily through our website 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.

money laundering legislation requires us to identify you before accepting payment and we will contact you to satisfy this requirement for purchases over €10,000 we will also require establish the source of the funds you will use to make payment.

if you wish to review a piece of work before purchasing, let us know. we can arrange shipping to one of our affiliated galleries at your cost, when we have all the information we require, we will email you to confirm arrangements, at which point a contract will come into existence between you and we will ask you to make payment and following receipt of payment shipping will be instructed. if you buy the item, the shipping costs will be fully 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 decide 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 receipt of the artwork. 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. if you reject the artwork within 14 days, the cost of return shipping (& in-transit insurance) will be your responsibility and will be deducted from the funds held in our holding account before remitting the remainder back to you.

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 upon by an art director.

the purchase price we quote is inclusive of the finder’s fee (buyer commission) plus VAT (if appropriate) and ARR*. normally you can expect delivery of your new artwork within 14 days of payment, 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 14 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 14-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 finder’s 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, 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 artwork for €1,000, or more. where payable this will be the seller’s responsibility and be built into 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 the 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 the termination of our contract. the seller has assured that they are the sole legal and beneficial owner of the artwork and are entitled to transfer the legal and beneficial title to the artwork to you from all encumbrances, without the consent of any other person.

we will only use your personal information as set out in our privacy policy on the website.
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.

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