sell my art how we work with you

seller 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, the seller.  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 …….

 

firstly, tell us your name and best way to contact you using email and telephone.

 

tell us about the artwork you want to sell.  provide the precise details of the artwork you wish to sell paying particular attention to the quality of photographs, dimensions and proof of ownership that are required in the information request.  proving you have legal title to the artwork you wish to sell is a prerequisite for sell my art.

 

you will be required to upload good quality photographs of your artwork. please use our hints & tips for taking the best possible photographs minimising glare from glossy surfaces.

 

tell us a bit more about you including address, location of the artwork you’d like to sell and what is important to you, e.g., a quick sale, maximising sales price, etc.

 

how sell my art will help you …….

 

when we have all the information we require, we will email you to confirm that we are willing to undertake a market review and provide you with a market facing valuation of your artwork, at which point a contract will come into existence between you and us.

 

the market facing valuation will be undertaken by one of our highly experienced art consultants and reviewed / agreed by an art director.  We will provide you with a valuation certificate signed by your art consultant and an art director of sell my art.

 

our fee for the valuation service is £95.  where appropriate we shall add VAT to our fees at the applicable rate.  You must pay for the valuation service before we provide it.  if we value your artwork under £2,000, we will restrict the valuation fee to £50 and refund the remainder.

 

you will have a right to change your mind and end the 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.

 

once you’ve had an opportunity to consider the market facing valuation, we can discuss and we will seek to agree a price at which you would like us to market your artwork for sale.  if we agree a price, we will take steps to market the artwork for sale.  unless otherwise agreed in writing, we shall have the exclusive right to market your artwork for sale for a period of four consecutive months beginning on the date we agree the sale price.  you agree to pay us 12.5% of the agreed sale price (plus VAT where applicable) if you decide to withdraw your artwork from sale through sell my art for any reason, at any time within the 4 month period.

 

we will display your artwork on our platform.  we may also select your artwork to be displayed at one of our affiliated galleries if that is mutually beneficial.  this isn’t guaranteed for every, or any, particular artwork.

 

[To add further value and maximize the chance of selling your artwork, we will endeavor to match a buyer that has indicated a preference for a piece of artwork similar to that you are selling from our extensive database that has been built up over 25 years.]

 

if a potential buyer wishes to view your artwork, we will instruct our specialist artwork shipping company (this will normally be Aardvark) to uplift and deliver your artwork.  [Consider responsibility for costs and insurance].

 

if your artwork is not sold within 30 days we will review the sales prices with you and recommend a change if necessary.

 

if your artwork is not sold within 4 months we will offer you the opportunity to refresh the market facing valuation for your artwork and continue marketing activity, including displaying your artwork on our platform as before but also in a special ‘featured’ section all in exchange for a further valuation fee.  you may decline this service and we will cease marketing activity and remove your artwork from our platform.

 

our services are provided strictly on the understanding that you are the sole legal and beneficial owner of the artwork and you are entitled to transfer the legal and beneficial title to the artwork to the buyer free from all encumbrances, without the consent of any other person.  you are obliged to inform us if that is not correct, or if it ceases to be correct.  without limiting any other rights or remedies that we may have, you shall indemnify us against, and shall pay to us a sum equal to, all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with our involvement in the marketing and/or sale of the artwork.  our rights and your obligations under this paragraph shall survive termination of our contract.

 

to faciliate as seamless a process as possible, please respond within 24 hours to communications from sell my art requesting further information (e.g., additional photographs or information about the artwork) as these requests will usually be on behalf of a potential buyer.

 

within 48 hours of a request from sell my art, you will have prepared your artwork for shipping to either, (a) a buyer, or (b) to an affiliated gallery of sell my art if a potential buyer has requested to view the artwork before purchase.  note: the potential buyer will initially pay the shipping costs but if they proceed to purchase, the shipping costs will be refunded to them and deducted from the sale proceeds remitted to you.

 

you will be responsible for the packaging of your artwork [with the shipping company??] and ensuring your artwork is appropriately insured at all times.

 

you will always retain the right to accept or decline any offer made by a potential buyer.  be open to reasonable offers, particularly once your artwork has not been sold within 30 days.  if you wish to continue marketing your artwork beyond 4 months, we will refresh the market facing valuation [and you pay an additional valuation fee for this service].

 

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 buyers responsibility and be built in to the advertised sales price.

 

following identification of a willing buyer for your artwork, we will ask the buyer to pay the sale price to us as the operators of a holding account.  if the buyer rejects and returns the artwork we will refund sale price to the buyer from the holding account.  if the buyer accepts the artwork, title will pass directly from you to the buyer; we will deduct from the sale price and claim from the holding account the aggregate of (a) a finders fee of 12.5% of the sale price plus VAT where applicable, (b) seller’s fee of 12.5% of the sale price plus VAT where applicable, and (c) the aggregate amount of all shipping costs incurred by us or the buyer, and we will remit the balance of the sale price to you from the holding account.  We shall deduct and personally claim any interest earned on funds held in the holding account.

 

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 buyer.  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.

 

Other important terms…

 

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

 

we do not exclude or limit in any way our liability to you where it would be unlawful to do so.  in all other cases our total liability to you shall not exceed the valuation fee of £95.

 

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. we may require that person to provide reasonable evidence that they are now the owner of the artwork and provide additional information as if they were a new customer.

 

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.