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Terms and Conditions for Sellers, 17.03.2022

1. OVERVIEW

1.1. Main facts about these Terms

These terms and conditions, together with the Policies and Guidelines expressly referred to within (Terms) govern how any artwork (Artwork) owned by a person registered with Follow.art Ltd (Follow.art, we, us, our) under these Terms to sell it (Seller, you, your) may be offered for sale and sold on the website and systems accessible at www.follow.art (Platform). Any words or expressions used in these Terms that begin with a capital letter which are not otherwise defined where they first appear shall have the meaning given to them in Clause 1.5.

When you display Artworks for sale on our Platform you in fact are selling these directly to a Customer, and you appoint us as your commercial agent to conclude the sale of the Artworks in accordance with the Clause 1.4 of these Terms.

Follow.art  acts as a simple middleman in the context of the provision of the Site that allows Sellers and Customers to connect. As a result, Follow.art is not a party to the contract which is concluded only between the Customer and the Seller, who is the only Seller of the Artworks and therefore the only one bound to obligations arising therefrom.

1.2. Who we are and our contacts

Follow.art Ltd is incorporated in Latvia (EU) with our registered office at Bikernieku str.22, Riga, LV-1006, Latvia. Our registered number is  42103112628. Our main business  is the provision of an online art marketplace displaying authentic Artworks for sale and inspiration.

If you have any questions, concerns or complaints, you can email Follow.art at help@follow.art, use the Platform’s ‘Contact us’ page or send a letter  to Follow.art Ltd at Bikernieku str.22, Riga, LV-1006, Latvia. 

As soon as we receive any request or complaint, action will be taken to solve the problem. If you contact Follow.art by post or email we will reply by email. If you contact us by phone we will aim to resolve the issue immediately. If we need a little time to be really helpful we will let you know.

1.3. Definitions used in these Terms

We are summarizing the following expressions which will be used throughout this document as explained below:

  • Listing
    The page and its contents on which an Artwork is offered for sale by a Seller on the Platform.
  • Content
    Any text or imagery contributed to and hosted on the Platform.
  • Gross Sale Proceeds
    The amount of money paid by a Customer to us under the Terms of Use with respect to the sale of an Artwork concluded via the Platform
  • Net Sale Proceeds
    The monies due to a Seller under these Terms with respect to the sale of an Artwork concluded via the Platform
  • Customer, Byer
    Any person registered with us under the Terms of Use for the purpose of purchasing Artworks on the Platform.

1.4. Authorization of acting as Your commercial agent

You hereby authorize us to act as your commercial agent to promote your Artwork(s) for sale to Customers via the Platform (but we are not obliged to find you Customers), to conclude each Contract for the sale of your Artwork(s) between you and that Customer via the Platform as specified in Clause 22.4 of the Terms of Use and to accept payment on your behalf via the Platform in accordance with the Terms of Use. Each such Contract is between you and the Customer only. We are not a party to that Contract and we are neither the customer nor the seller (or reseller) of the Artwork(s) that you offer for sale. We are not the Customer’s agent for any purpose. You, and not us, are responsible for performing the obligations under the terms of any Contract between you and a Customer. You are the seller of record for all your Contracts, but the Customer pays us via the Platform for the relevant sales. The Customer’s obligation to pay for any Artwork(s) under each Contract with you is satisfied when that Customer properly pays us for the Artwork(s) via the Platform. Because we conclude the sale on your behalf and the Customer’s payment to us satisfies the Customer’s obligation to pay for the Artwork(s), our name will appear on the Customer’s payment card statement (which may also display the Seller’s name). You must dispatch or arrange for the dispatch of the Artwork(s) you have sold via platform after receiving notification of the Customer’s order. Customers may only pay for Artwork(s) they purchase via the Platform by making a payment to us and you must not invoice any Customer, or obtain payment, outside the Platform. Any refunds to Customers may only be initiated via the Platform. We may in our sole discretion investigate or decline to process any transaction involving any Artwork(s) purchased via the Platform.

Except as otherwise expressly provided in these Terms, we are not the agent, intermediary or other representative of the Seller. We are not a fiduciary or trustee of the Seller.

1.5. Other policies and terms referred to in these Terms

The below is a list from which you can access all documents and policies referred to in these terms, which should be read carefully.

Privacy Policy

Cookies Policy

Comission, Fees and Pay Run Policy

Customer Returns Policy

Seller Best Practice Guidelines

Packaging and Wrapping Guidlines

Our general use of the Platform as a visitor and customer is additionally governed by Terms and Conditions of Use.

Follow.art reserves the right to alter these Terms or other Platform policies at any time, so please review them often to ensure you are aware of any changes. If you do not agree to all the following terms you should not use this Platform.

1.6. Governed laws of these Terms

These Terms are governed by the laws of the Republic of Latvia and you agree to submit to the exclusive jurisdiction of the courts of the Republic of Latvia with respect to your relationship with Follow.art .

It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate. It is your responsibility to adhere to all applicable tax requirements for sales made to users on the Platform.

2. CONTENT AND ELIGIBILITY

2.1. Requirements to be eligible to sell on the Platform

You must be over 18 years of age to become a Seller on the Follow.art  Platform. By accepting these Terms you represent and warrant that you are at least 18 years of age.

You additionally warrant that all information you provide to Follow.art , including but not limited to your name, tax status, and country of residence, is accurate, truthful and kept up to date subject to any change.

All artists that wish to be shown on the platform as Sellers, will be reviewed by our team and accepted or declined at our discretion and in cooperation with independent international curators and art advisers in 5 working days or later depending on requests traffic.  

If gallerie’s artist is already represented by another gallery on the platform you may still show their work, we ask only that this is by the mutual consent of the artist and galleries involved, that works are not duplicated and that pricing is consistent. Artist has the right to claim his/her Profile and manage it personally.

Platform provides the possibility to change Sellers (from Artist to Gallery and vice versa) for particular Artwork.  

2.2. The status of Sellers account on the Platform

When we within a reasonable period of time accept your application to register on the Platform as a Seller, we set up a data account for you in our systems ( Seller Account) that includes your status, level of commissions, details of each of your Artwork sales (Sale) and issue you with certain credentials with which to log-in to your Seller Account (Passcodes). The Seller Account does not hold any funds.

Each time you seek to access the Seller Account we will ask for Passcodes. As long as the correct Passcodes are entered, we will assume that you are the person giving instructions and you will be liable for them, except to the extent provided for in this clause 2.2. You must therefore keep the Passcodes secret and make sure that they are not stored in a way that enables others to impersonate you. If you disclose the Passcodes to any person that you authorise to access the Seller Account, you are also responsible and liable for any access, use or misuse or disclosure of your Passcodes or Seller Account by such person.

We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or (iv) if we believe the Platform is being used for an illegal purpose.

Unless and until you notify us by email help@follow.art  that you believe someone else knows the Passcodes or can use the Seller Account by impersonating you:

  • (a) you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
  • (b) we will not be responsible for any unauthorised access to confidential information about you in the Seller Account.

We will do all that the Service Provider reasonably can to prevent unauthorised access to Seller Account.

We will keep records of all Sales and other data associated with the Seller Account and your use of the Platform. Upon the termination of these Terms for any reason, we shall have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with any Sales or the Seller Account.

2.3 Uploaded Artworks’ ownership 

You warrant that you are the creator and sole and exclusive owner of all Artworks displayed on Follow.art  or are consignor of such Artworks as directly authorised by their creator.

You additionally warrant that you have obtained all clearances, and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of Artworks on the Platform.

2.4.  Restrictions of selling the Artworks on the Platform

All Artworks represented for sale on Follow.art  must be one-of-a-kind. It is recommended all Artworks must be signed by their creator and/or accompanied by a certificate of authenticity signed by their creator.

All Artworks uploaded and represented for sale on Follow.art must be immediately available for Customer and/or not reserved/already sold. 

Follow.art  reserves the right to collect a penalty in the amount of 200EUR from the Gross Sale Proceeds as a compensation for Customer in case of order couldn't proceed due to artwork non-availability. We strictly recommend checking availability of Your Artworks published in Follow.art platform and update information at least once per week.

2.5. Restrictions to the uploaded Content to the Platform

You acknowledge and agree that you are solely responsible for all Artwork Content you upload to Follow.art . You may not upload Artwork Content or any other materials which Follow.art  reasonably believes to be:

  • offensive, including material that incites racial hatred or promotes discrimination;
  •  obscene or pornographic; or
  •  materials which infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Follow.art  reserves the right to remove any Content or Artwork Listings from the Platform at any time in its sole discretion.

2.6  Follow.art  permission to use Seller content

By registering and becoming a Seller and uploading Artwork Content you grant Follow.art  a worldwide, non-exclusive, royalty-free, sublicensable right and license to access, view, use, copy, reformat, distribute, publicly display, publicly perform and transmit your Artwork Content via online and physical sales channels (including the Platform and third party sites and platforms) in any media now known or not currently known.

This right and license is solely for the purpose of enabling Follow.art  to use your content for the promotion of the Platform. Follow.art  does not claim, and so may not violate, ownership rights in your Artwork Content.

You acknowledge that the only compensation you will receive for such license, if any, will be in the form of the Net Sale Proceeds, payable only upon the sale of an Artwork through the Platform, and defined later in this document.

3. SELLER OBLIGATIONS

3.1. Accuracies in Artwork Listings

It is your responsibility to ensure that all Listings submitted to the Platform represent the Artworks offered for sale therein to the highest degree of accuracy possible.

Where inaccurate specifications or materially misleading images are submitted as part of Artwork Listings from which any Sale is made, Follow.art  reserves the right to debit any costs associated with resulting Customer return requests from the Gross Sale Proceeds.

3.2. Artworks pricing

The price stated in each of your Artwork Listings (Price) must be a reasonable reflection of the value of the Artwork offered for Sale, and must be equal to the price set for the same Artwork on any other channels through which the Artwork is sold directly or on consignment.

You authorise us to discount the Price by up to 15% in the event that Follow.art  deems this necessary to conclude a Sale, based on:

  • a) specific actions of a Customer at a given time (for example, first-time Purchase, intention of buying multiple Artworks from you or other Sellers);
  • b) seasonal events typically linked to consumer promotions (such as Christmas, mid-season or Black Friday sales) targeted at specific Customer countries, regions or globally, including Platform-wide promotions.

Where a Customer introduced to you through the Platform locates your Artwork offered for sale elsewhere at a lower price either directly by yourself or by an authorised consignee, Follow.art  reserves the right to adjust the Price of the Artwork on Follow.art , before or after Sale of the Artwork has been completed, to be equal to the lower price, and calculate your Net Sale Proceeds for any resulting Sales in accordance with this updated Price.

Your specified dimensions and weight of Artworks listed on Follow.art  must be represented  accurately, so Platform can calculate precise shipping costs. In case of exceeding dimensions during artwork wrapping and packaging,  You’ll be responsible for extra shipping fees raised. Avoiding Packaging and Wrapping Guidelines is strictly prohibited.

In case of a particular Charity event organized via Platform  You are able to donate Your artwork for charity purposes. In such situations by Checking the Box Donate for Charity You are authorizing Platform to hold 99% of commission from net sales for further charity purposes.  Charitable donation is a subject to local tax deductions. It is Platform’ s right and responsibility to deduct tax amounts to  comply with all local tax regulations with respect to any sales completed on the Platform within Charity event.  

3.3. Fulfilling of orders 

It is your responsibility to comply with all local tax regulations with respect to any sales completed on the Platform, and to check and include any required documentation or invoices within packages shipped.

It is your sole responsibility to arrange release of any order of Your Product placed via  Follow.art once the Customer has placed his order and indicated picking up the Product from Your selling point. You as a Seller should provide information in Your Orders page in your Seller Dashboard that the particular Artwork is ready for picking-up. The Customer will then receive an email notice from Follow.art. The Seller should pass the Artwork, the invoice and certificate of authenticity to the Customer after verifying the identity of the receiving person. The Customer has 15 days from receipt of the aforementioned email to collect the Artwork at the address specified by You.

It is your sole responsibility to arrange the packaging of Your uploaded Artwork(s) for sale for delivery to any accepted Customer orders placed through the Platform. 

It is your responsibility to research accurate shipments dimensions and weight and select an appropriate packaging solution for your Artwork to ensure secure and safe delivery. Follow.art  will not be liable for any losses incurred as a result of inaccurately and unsecure packaged Artworks for shipping.

Artworks must be packaged and shipped in accordance with Follow.art ’s Packaging and Wrapping Guidelines and the timeframe specified on your Orders page in your Seller Dashboard . Where these requirements are not met, Follow.art  reserves the right to debit any costs associated with resulting Customer return or cancellation requests from Net Sale Proceeds. Follow.art  reserves the right to treat as unfulfilled any orders which have not been marked as shipped beyond the expiration of the timeframe specified on your Orders page in your Seller Dashboard page.

4. FOLLOW.ART ’S OBLIGATIONS

4.1. Notifications of orders placed for Seller Artworks through Follow.art 

When an order has been placed for one of your Artworks you will receive a confirmation notice to your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Customer. You are also able to view outstanding and completed orders from your Orders page in your Seller Dashboard.

4.2. Collecting of payments from Customers for orders placed for Seller Artworks

We will notify you by sending a confirmation notice to your nominated notification email address when a Customer places an order via the Platform. You must promptly(max in 24hours) either:

  • (a) prepare for the dispatch the Artwork(s) specified in the order and notify us using the tool provided on the Platform that you have done so (Order Dispatch Confirmation), to enable us to send the Order Confirmation to the Customer, as required in Terms of Use;
  • (b) notify us using the tool provided on the Platform that you are unable to supply the Artwork(s), to enable us to notify the Customer that the order will not proceed and Compensation to be provided, as described in Terms of Use and this Terms and Conditions; 

The Contract between you and the Customer will only be formed when we send the Order Confirmation to the Customer.

The Customer’s chosen payment method will be debited for payment for the Artwork(s) and all applicable Delivery Charges when we send the Customer the Order.

 Payment is held securely by Follow.art  via a designated Stripe account dedicated for marketplace. 

4.3. Transferring of Seller revenues for Artworks sold to Customers through the Platform

Your Net Sale Proceeds will be transferred to your Nominated Payment Account on expiration of Follow.art ’s returns period as stipulated in our then current  Customer Returns Policy, subject to any required administrative and clearance period.

Follow.art  is entitled to withhold your Net Sale Proceeds for any given Sale if there is, or in Follow.art ’s reasonable opinion is likely to be, a dispute with you or a dispute between you and the Customer, until such dispute is resolved to Follow.art ’s reasonable satisfaction.

5. RETURNS AND DISPUTES

5.1. Requests for the return and refund of Seller Artworks ordered through the Platform

By creating Artwork Listings on Follow.art , you agree to offer Follow.art ’s current Platform-wide Customer Returns Policy with respect to any resulting sales. All returns requests submitted by Customers are received, processed and arranged by Follow.art . You will receive immediate notice via your nominated notification email address of any approved returns requests for Artworks you have sold through Follow.art , as well as a further confirmation email once a collection date and service has been arranged.

5.2. Costs of return shipment of Artworks under Follow.art ’s return policy

Follow.art  and Sellers does not reimburse the outgoing or return shipping charges and service fees unless the return is due to a ‘Defect in quality’ or ‘Wrong item sent’.

If any other reason is provided for the return, Follow.art  reserves the right to investigate, should it reasonably be believed that the return was a result of your breach of either Seller Best Practise Guidelines or Packaging and Wrapping Guidelines. Shipping costs then to be deducted from Your Net Sale proceeds. 

5.3. The cost of in-transit damage in to Artworks ordered through the Platform.

Follow.art  will accept no liability for damage to Artworks in transit from you to your Customer. It is solely your responsibility to ensure that you package your Artworks sufficiently to ship them with minimized likelihood of damage.

You acknowledge that any Packaging and Wrapping guidance provided by Follow.art  in the form of help articles or support correspondence comes with no guarantee of safe transit if followed. If you do not secure appropriate packaging for Artwork before shipping it, you do so solely at your own risk.

Follow.art  reserves the right to investigate, should it reasonably be believed that the damage was a result of your breach of either Seller Best Practise Guidelines or Packaging and Wrapping Guidelines or due to accidents rised at Shipping partner side.

5.4. The cost of Artworks ordered via Platform and being lost in transit.  

Follow.art  will accept full liability for Artworks lost in transit on their way to Customer. As we send your Artworks via a traceable method of shipment, we do so at our trusted shipping partners' risk and Follow.art  reserves the right to issue a full and immediate refund to the Customer on notice of non-delivery within the estimated timeframe.

5.5. Reimbursing for outbound shipping costs for Artworks returned to Seller

Where the stated reason for the return of an Artwork is ‘defect in quality’ or ‘wrong item’, Follow.art  will reimburse Customer for the outbound shipping costs incurred by payment to your Nominated Payment Account in the next payment run in respect of your Net Sale Proceeds.

6. FEES AND PAYMENTS

6.1 Fees for opening an account on Follow.art and listings

You may list Artworks for sale on Follow.art  without any limits and free of charge.

The Seller by publishing a Product (Artwork) has the possibility of selling art reproductions and licenses for the use of the image of his work(-s).

For Art Prints, the Seller specifies the price (Royalty fee) he wishes to receive when selling a printed product in return for the transfer made in favor of Follow.art. The seller receives 100% of the amount of royalties he fixed for the sale excluding Stripe commission.

For image licenses, in the event of the sale of a Digital Product reproducing an Artist's work, the latter will receive a fixed price corresponding to 70% of the price excluding taxes invoiced to the Customer.

When your Artwork is sold to a Customer through Follow.art , Follow.art  is entitled to charge the commission and fees, plus VAT, in accordance with our current Commissions, Fees and Pay runs Policy. 

In agreement with the seller, in the context of commercial operations, discounts may be granted by Follow.art. The commercial discounts which may be granted by Follow.art to the Buyers are fully payable by the Seller. This discount amount is set at a maximum of 30% of the price set by the Seller. The amount of the discount is automatically deducted from the amount paid to the Seller by Follow.art.

6.2. Taking the commission on a sale 

You must pay to us Commission on any sale via the Platform. We will deduct our Commission from the Gross Sale Proceeds. Any attempts to complete sales or any other monetary transactions initiated on the Platform outside of the Platform are strictly prohibited, and will result in the suspension or closure of your Seller Account.

In any case where Follow.art  reasonably believes a sale or monetary transaction initiated on the Platform to have been completed outside of the Platform, Follow.art  reserves the right to debit any costs associated with resulting customer return requests from any Net Sale Proceeds due to you.

6.3. Amount of revenue to receive from sales completed through the Platform

Follow.art  deducts Commission and Fees from the Gross Sale Proceeds on a percentage basis in relation to Sales completed through the Platform, as defined in our Commissions, Fees and Pay runs Policy , which is subject to change and incorporated into these Terms by reference. In the event of any change to the Commissions, Fees and Pay runs Policy, Follow.art  will provide with at least 14 day’s notice by posting the changes on the Platform. Your Net Sale Proceeds for any given Sale is the Gross Sale Proceeds based on the Price at which the relevant Artwork(s) is sold under the Contract, less the total Commission, Fees and taxes due in relation to the Sale as defined in our Commissions, Fees and Pay runs Policy and any discount  that you have offered (or authorised Follow.art  to offer), to the relevant Customer.

6.4. Transferring of Revenues for orders of Seller Artworks

You shall open and maintain in your name a payment account with a duly authorised payment services provider (Stripe) to receive payments from us and include the details of it on the payments page in your Seller Account ( Nominated Payment Account). In case Your legal home-country is not in Stripe supported countries’ list, You are authorizing Follow.art to use another legal and safe way of  arranging transferring of proceeds to Your nominated Payment Account.  

Your Net Sale Proceeds will be transferred to your Nominated Payment Account in the next available qualifying pay run, but not earlier than 14 days after Customer accepts Order.  It is your responsibility to ensure that all dispatched orders are marked as shipped on your Orders page. Your Net Sale Proceeds for any given order will not be transferred until these requirements have been satisfied with respect to that order.

Follow.art  reserves the right to defer the payment of your Net Sale Proceeds until the next pay run for any given Sale if the total payment amount is below 50 EUR (depending on the currency of payment) and the payment method is a bank transfer to a Nominated Payment Account held by you with a payment service provider.

7. TERMINATION AND ACCOUNT CANCELLATION

7.1. Termination of this Agreement

Follow.art  may, in its sole discretion, terminate this agreement, access to the Platform without notice to you. Upon termination, all rights and obligations will be extinguished other than such rights and obligations which are necessary to process any orders placed prior to such termination.

7.2. Cancellation of Follow.art  account

You may request deletion of your Follow.art  Account from your user settings page. On receiving notice of your cancellation request, we will endeavour to remove your Seller shop from the Platform within 10 working days.

8. FURTHER PROVISIONS

8.1. Website Usage

In no event will Follow.art  be liable for any damages arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use, or inability to use this Platform. We make no warranty that this Platform or the server that makes it available is free of viruses or bugs.

Throughout the Platform, you may find links to third party websites. Please note that Follow.art  is not responsible for the privacy policies or content of third party sites.

8.2. User Data

To the extent that personal data is supplied by users to Follow.art , such data shall be owned by Follow.art  and subject to the then effective Privacy Policy  of Follow.art , the Data Protection Act 1998 and any other applicable law or regulation in the relevant jurisdiction. Where you receive personal data from users of the Platform, you will comply with all applicable law and regulation, the Follow.art Privacy Policy and all other instructions of Follow.art.

8.3. Liability

Follow.art  is a venue and provides an online marketplace and inspiration zone only.

The Platform are provided on an “as is” basis. Follow.art  makes no representations or warranties of any kind to you relating to the Platform to the fullest extent permitted by law.

Follow.art  shall not be liable for any damages of any kind including without limitation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Platform, provided that nothing in these Terms shall exclude or limit liability for death or personal injury arising as a result of negligence, fraud or any other liability which may not be excluded or limited by law.

Without limiting the foregoing, Follow.art ’s total and aggregate liability to you shall in no event exceed the total amounts actually received by you in any calendar year in connection with a sale of Artwork through the Platform.

You hereby indemnify Follow.art  and keep Follow.art  and its group companies, third party sellers, directors, shareholders and employees at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of Follow.art ), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations under these Terms or otherwise arising from a transaction between you and a consumer or your use of the Platform.

8.4. General

These Terms do not create any right enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties).

Save for as expressly referred to in these Terms, these Terms contain the full and complete understanding between the parties and supersedes all prior arrangements and understandings, whether written or oral, pertaining to the subject matter of these Terms.

These Terms shall not be deemed to constitute a partnership, joint venture, contract or relationship of employment between the parties.

These Terms and any non-contractual obligations or liabilities arising out of or in connection with these Terms shall be governed by the laws of the Republic of Latvia and the parties submit to the exclusive jurisdiction of the courts of Latvia.