ART IN THE PARK
ONLINE MARKETPLACE t&cs

These terms and conditions form a legally binding agreement between you and Leamington Art in the Park Festival Community Interest Company (Company registration number 09973935) whose registered office is at 87 Warwick Street, Leamington Spa, England CV32 4RJ (“the Company”), the supplier of the Service. Your statutory rights are not affected.

1 Definitions

“Us/Our/We” means the Company

“You/Yours” etc. means you, a user of our services.

“Site/Sites” means web site artinpark.co.uk or any other sites owned and controlled by Us.

“Artwork/Artworks” means artwork/craftwork owned and controlled by You for the purposes of selling through the Site.

“Service” means the process of selling your Artwork through the Site.

“Customer” means the person buying the Artwork through the Site.

2 Acceptance of Artist

2.1 We reserve the right to accept or decline your application to market Artworks through Us. Your application to exhibit at the Art in the Park event includes your acceptance of these additional terms and conditions.

2.2 You warrant that all information supplied to Us is accurate, and up to date.

2.3 You agree to have Artworks and descriptive information displayed on the Site.

2.4 You will inform Us of any changes in the information stored by Us including name, address and contact details, pricing of Artworks, and the sold status of Artworks.

2.5 You must be an Art in the Park Festival exhibiting artist to sell on our Site.

2.6 Photographs to upload should be free of watermarks advertising the artists website. Copyright watermarking is ok, but no other watermarks should be present. ​

2.7 You agree to use photographs that are clear images. Copyright watermarks are allowed, but images must be free from any other wording.

3 Acceptance of Artworks

3.1 We reserve the right to accept or decline your application to market any Artwork through Us for any reason.

3.2 If a sale is made you are entering into a legally binding contract with Us to complete the sale and despatch the artwork in the agreed time for delivery no later than 5 working days from notification.

4 Non-exclusivity

4.1 You may market Artwork through other channels simultaneously with marketing through Us, provided:

4.1.1 this does not affect your ability to deliver the Artwork to the Customer within the specified time if sold through the Service on the Site;

4.1.2 You do not offer the Artwork at a price lower than the price which you are offering it through Us.

4.2 If the Artwork is sold through another channel you will immediately notify Us to remove it from sale on the Site.

5 Copyright

5.1 You warrant that all work sold through Us is free of any copyright restrictions or intellectual property disputes. You warrant the Work is yours to sell and free from any restrictions and disputes over ownership.

5.2 The copyright in the Artwork will remain with you even after ownership of the Artwork is transferred to the Customer.

5.3 You grant us a perpetual and irrevocable licence to use photographs of your Artwork on the Website and in any marketing materials, including on any websites, social media, in any advertising campaigns, online or offline, at any time.

6 Pricing and Artwork particulars

6.1 You will choose the normal price which the Artwork should be sold for. This price must be inclusive of AITP Commission of 15% and your delivery and insurance costs.

6.2 We will, from time to time, agree to discount work and/or use discount codes up to a normal maximum of 10%. All artists are required to agree to accept such discounts on the selling price.

6.3 Once your application is accepted you agree to sell the Artwork at the agreed price and at a discounted price in accordance with clause 6.2 from time to time.

7 Delivery, packaging and insurance

7.1 You are responsible and liable for costs of all materials, packaging, delivery and insurance costs. These costs cannot be reclaimed from Us under any circumstances and should be taken into account when pricing Your Artworks.

7.2 You will ensure that Artworks are securely packaged, labelled and adequately insured for safe delivery to the Customer.

7.3 You will not include any contact details that would encourage the customer to deal directly with You in the packaging, such as business cards, leaflets, letters of solicitation for business etc.

7.4 You will package and arrange delivery of Artworks to the Customer within a maximum of five working days of receiving the order.

7.5 Should you become aware of any reason why an Artwork that has been ordered from you may not be received by the Customer within 5 working days, you will notify Us immediately of the reason for and expected length of the delay. We will attempt to contact the Customer and in some cases may offer a refund to the Customer resulting in the cancellation of the order from you.

8 Returns and damaged goods

8.1 In the event of the Artwork arriving damaged with the Customer, you will be liable for the costs of retrieving the Artwork.

8.2 You will claim any costs in retrieving the Artwork through the insurance cover provided by your chosen courier. We will not accept claims for reimbursement in the event of damage to Artworks under any circumstances.

8.3 You accept that if you have not taken adequate insurance, you will be liable for the costs of retrieving the Artwork.

8.4 You accept that in line with the UK Governments Distance Selling Regulations that a customer may advise us of a request to return an item within 14 days of receipt, and then have a further 14 days to return the item to you. This will constitute a cancellation of the order. We will not be liable to reimburse you for any costs incurred by you in delivering or receiving back the Artwork.

9 Payment for Artworks

9.1 Should the Artwork(s) be sold we will arrange payment to you minus the 15% commission  once we have confirmed delivery of the Artwork(s) to the Customer. You agree to provide proof of delivery if requested to prior to any payment being made to you by Us.

9.2 Payment will be made by bank transfer to an account you designate.

9.2 Payment will be made at the end of the month following delivery.

10 Ownership of Customer relationship

10.1 You agree that the business relationship between the Customer and Us is entirely owned by Us. You will not approach the Customer directly or correspond with the Customer in any way, except with express written authorisation from Us. You will not sell directly to the Customer or allow a direct relationship to develop between You and the Customer that could be detrimental to Us. You will not pass Your contact details to the Customer, including in any of the packaging of the Artwork.

10.2 In the event of a return or damaged goods claim, we will release your details to the Customer in order you can arrange collection or retrieval of the Artwork.

11. Disclaimer

11.1 You agree to defend, indemnify, and hold harmless Us, Our officers, directors, employees, agents, and third parties, from your use of the Service, including any violation of these rules.

11.2 We provide this service on an “as-is” basis without warranty of any kind including the implied warranties of merchantability and fitness for a particular purpose.

11.3 We reserve the right to change artist terms and conditions, as necessary to support our business objectives, by giving a minimum of 28 days notice in an artists’ newsletter. Your continued use of the Service is deemed to be acceptance of the changed terms and conditions.

11.4 Using the Service constitutes acceptance of these terms and conditions.

 

12. Rights of third parties

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

13. Events beyond our control

We shall have no liability to you for any failure to deliver the Service that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

 

14. Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

 

15. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

 

16. Entire agreement

These terms and conditions, together terms on the Site including our privacy policy, set out the whole of our agreement relating to the Service. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the Service. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

If you have any questions surrounding the Art in the Park Marketplace, please email Festival Director, Kate on director@artinpark.co.uk