CREATIVE DEBUTS LIMITED
Terms and Conditions
This website is operated by Creative Debuts Limited, a company registered in England under number 08625450. Our postal address is 74 Rivington Street, London EC2A 3AY.
SECTION 1 – DEFINITIONS
“Artist” means the person who has created or generated the Artwork and on whose behalf we sell as disclosed agent
“Artist Sign Up Agreement” means the agreement between Creative Debuts and the Artist entered into when the Artist registers with Creative Debuts on the Website
“Artwork ” means user generated original paintings or artwork submitted by Artists to us and displayed on the Website
“Buyer” means the person named in the Order
“Content” means information, data, photographs, designs, graphics, Artworks and any other materials we publish or you post or is otherwise made available on or via the Website including information about you or Artists or any opinions, comments, and observations made by users
“Defective” means containing a fault or defect
“Order” means the Buyer’s order for Artworks through the Website
“Order Confirmation” means the confirmation from Creative Debuts of the acceptance of the Order sent to the email address submitted in the Order
“Price” means the price of an item of Artwork, together with postage and packaging, in force at the date and time of the Order
“Sale Contract” means the Order and Order Confirmation (incorporating these Terms and Conditions and any Special Conditions)
“Special Conditions” any special conditions in relation to an Order set out and designated as such in the Order Confirmation
“Services” means the services we provide to you through the Website as described in these Terms and Conditions
“use” means use, copy, publically perform or display, distribute, modify, translate or create derivative products
“user” means any user of our Website
“We”, “us” or “Creative Debuts” means Creative Debuts Limited, registered in England, No. 08625450 and, where applicable, our employees, affiliates, suppliers, subcontractors and agents
“Website” means Creativedebuts.co.uk and any other websites owned or operated by Creative Debuts.
“you” or “ your” includes any user of our Website, including any Artist or Buyer.
SECTION 2 – OUR SERVICES
We provide the Services to you through the Website. Further details of the Services we provide are set out in this section. When you purchase Artworks using the Website, you are purchasing them from the third party Artists named on the Website. It is important that you understand that the contract for the purchase of the Artwork is between you and the relevant Artist. We are authorised by the relevant Artist to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the Artworks from us. Further details about the contract between you and the Artists in relation to your purchase of Artworks are set out in sections 3 below.
The Services we offer allow you to search through the Website and purchase Artworks from a number of Artists. As part of the Services, we also provide some ancillary services such as arranging delivery of the products and providing you with customer service assistance. However, as stated above, the contract for the purchase of the Artworks is between you and the Artist. This means that it is the Artist (not us) who is legally responsible for selling the products to you.
In order to use the Services you must be over 18 years of age.
SECTION 3 – SALE OF ARTWORKS
All Artworks are offered for sale by us via the Website subject to availability and our acceptance of the Order. We reserve the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by us unless and until it is confirmed unconditionally by us in the Order Confirmation. All items are sold on behalf of the Artist and your transaction is between you and the Artist; Creative Debuts acts only as an agent arranging the transaction. Once your Order is accepted a legally binding contract will come into existence between you and us (on behalf of the Artist) on these Terms and Conditions.
Several of the Artists offer their Artworks for sale on other websites and platforms and as such, there is a possibility that an Artwork that you order may be unavailable as it may have already been sold. On receipt of your Order, we will contact the Artist in order to determine the availability of the Artwork and will not send you an Order Confirmation until such time as we have received confirmation that the Artwork is available to be sold to you.
We have a policy of continuous product development with the Artists and Curators we work with and reserve the right to amend the specifications of any of the Goods without prior notice. Additionally, Given the bespoke, hand crafted nature of the Artworks sold on the Website, the exact size of Artworks may alter slightly from piece to piece and from the dimensions listed on the Website. We also endeavour to display and describe as accurately as possible the printed colours of the Artworks which appear on the Website, but we cannot give any assurance that the colours of Artworks supplied will exactly match those displayed on the Buyer’s monitor or home printing device.
Prices and Payment
All prices payable for the Artworks are as set out in our Website. Prices are liable to change at any time but changes will not affect Orders in respect of which we have sent you an Order Confirmation. Any discounts or promotions are offered subject to availability and may be terminated or amended at any time by Creative Debuts. We reserve the right to reject any Order based on erroneous pricing, discounts, or promotions.
We must receive payment of the whole of the price for an item before we can deliver the Artworks you have ordered. Once payment has been received by us we will confirm receipt to you. After this time the Order may still be rejected at our discretion if the Artist cannot supply the item for any reason. If your Order is rejected or your item is not available we will inform you as soon as possible and make you a full refund.
If you fail to pay any charges due in accordance with these Terms and Conditions we may, in our discretion and without prejudice to our other rights and without providing you with advance notice, refuse to provide you with Artworks.
Method of Payment
Payment must be made in GBP sterling by credit card or debit card at the time of placing an Order. Payment in full will be taken at this time. The Buyer undertakes that it has sufficient funds or credit facilities available to cover the full cost of the Artworks ordered.
All prices are inclusive of VAT based on the current UK VAT rate. You will be need to bear any liability to tax or duty that is in addition to the price.
The Artist will endeavour to process and ship the Artworks ordered within 7 days of Order Confirmation provided that we have received payment. Any dates quoted for delivery of the Artworks are indicative only. Time for delivery will not be of the essence of the Sale Contract and we will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Artworks howsoever caused.
The Buyer must inspect the Artworks on delivery and, in the case where Artworks have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the Artworks indicated on that document free from any apparent defect or damage.
If the Artworks are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer. If the Buyer wrongfully fails to take delivery of the Artworks, Creative Debuts shall be under no obligation to refund the Price. Purchased Artworks may not be returned to the Artist except as provided below.
A delivery fee may be charged in addition to the price of the Artworks purchased. The delivery fee for an Order will be advised to you on the Order Confirmation.
Risk of Damage and Transfer of Artworks
Risk of damage to or loss of the Artworks will pass to the Buyer on delivery at the agreed address. Notwithstanding delivery and the passing of risk in the Artworks, property in the Artworks will not pass from the Artist until Creative Debuts has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to Creative Debuts in respect of the Contract or any other contract with the Buyer.
Returns, Refunds, Exchanges and Cancellations
Buyers may request a cancellation of an Order within 14 days of placing the Order by emailing firstname.lastname@example.org. Creative Debuts will, at its discretion (pending shipping and whether the order has already been processed) either elect to refund the Buyer immediately, or inform the Buyer to follow the normal returns policy.
The Buyer shall have the right to return a purchase within 14 days of the date when the Order has been delivered to the Buyer (Receipt) for an exchange or refund at his/her preference if the item is Defective or for any other reason provided the Buyer does the following:
(i) emails email@example.com within 14 days of Receipt stating: (a) the Invoice Number (b) the Artwork title (c) the reason for return and (d) request an exchange or refund;
(ii) returns the Artworks to the Artist (or Creative Debuts, if appropriate), in the condition it arrived in, via the instructions that Creative Debuts sends following the email from the Buyer
(iii) returns the Artworks in their original packaging (which the Buyer should retain for the purpose) and which must be in an unused condition.
Creative Debuts and the Artist will not be held liable for any damage to any Artworks caused any time after Receipt and will not be able to accept any returns of Artworks that have been damaged after Receipt. Creative Debuts will process and refund/exchange all returns within 30 days of the Artist (or Creative Debuts, if appropriate) receiving returned Artworks from the Buyer in the post or via our chosen common carrier.
For orders outside of the UK and EU, Creative Debuts may offer only a partial refund subject to shipping (both outbound and return) and handling costs.
The above shall not affect your statutory rights.
SECTION 4 – CONTRACT WITH ARTISTS
While Creative Debuts makes every attempt to validate the legitimacy of all Artwork before showcasing and selling work on the Website, the Artist is solely responsible for it and for any damage you may suffer as a result of such Artworks being sold via the Website or otherwise made available on the Website.
SECTION 5 – INTELLECTUAL PROPERTY RIGHTS
Trade marks and copyright
The Content on the Website, excluding any Artworks, created by Creative Debuts and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to Creative Debuts, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. The Marks may not be used for any purpose without the prior written permission of Creative Debuts.
Use of Content
Content on the Website or any part thereof (and the selection or arrangement thereof) is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise used or exploited for any purpose whatsoever without the prior written consent of Creative Debuts or as expressly provided herein. Creative Debuts reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree not to:-
– engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Artworks of third parties obtained through the Website for any commercial purposes;
– download or print a copy of any Artworks for personal or commercial use;
– circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Creative Debuts requires our users who post Content and Artists who submit Artworks to respect and honour all copyright laws. In your use of and interactions with the Website, you may not post, modify, distribute, or reproduce in any way any Content, including any Artworks, that is copyrighted material belonging to others, without obtaining their prior written consent. Creative Debuts reserves the right to remove any Content and/or Artworks if we believe it may infringe the copyright rights of others. Creative Debuts also holds the right to terminate the accounts of users who we believe to be infringing any copyright laws or these Term. If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following:
– Identification of the copyrighted work claimed to have been infringed,
– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled:
– information reasonably sufficient to permit Creative Debuts to locate the material:
– A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
-Your contact details.
Such written notice should be sent to Creative Debuts via Email to: firstname.lastname@example.org Creative Debuts will then do an initial investigation into the claim, and contact you as soon as possible to request additional information and inform you of action to be taken.
SECTION 6 – TERMINATION OF YOUR USE OF THE WEBSITE
Creative Debuts may, under certain circumstances and without prior notice, immediately terminate your account and access to the Website and any other Creative Debuts services. Cause for such termination shall include, but not be limited to:
– breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines;
– requests by law enforcement or other government regulators or agencies;
– discontinuance or material modification to the Website (or any part thereof);
– unexpected technical or security issues or problems;
– extended periods of inactivity;
– engagement by you in fraudulent or illegal activities; and/or
– non-payment of any fees owed by you in connection with the Website or any other Creative Debuts product or service.
Termination of your account and access to the Website includes:
– removal of access to some or all pages within the Website;
– deletion of your password and all related information, files and materials, including Content associated with or inside your account (or any part thereof); and
– barring of further use of the Website.
You agree that all terminations for any of the above causes shall be made in Creative Debuts’ sole discretion and that Creative Debuts shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
Termination shall be without prejudice to any rights that we may have against you prior to termination or to any of these Terms and Conditions that expressly or by implication are to continue after termination.
SECTION 7 – MODIFICATIONS TO THE WEBSITE
Creative Debuts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Creative Debuts shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
SECTION 8 – REPRESENTATIONS, WARRANTIES AND LIABILITIES
No representations or warranties
You agree that your use of the Website shall be at your sole risk. We are providing the Website on an on an “as is” basis and make no representations or warranties of any kind with respect to the Website or its Content. In particular, Creative Debuts makes no warranties or representations about the accuracy or completeness of the Content or that the Website is appropriate or available for use. Those who access or use the Website do so at their own volition and are responsible for compliance with their local law.
Use of Content
Any Content provided to us by users are not endorsed by Creative Debuts, and we make no guarantee regarding the reliability, accuracy, or quality of any Content that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. All user Content posted to the Website are the sole responsibility of the person who originally posted the Content, and your sole recourse for any damage you may suffer as a result of this Content shall be to such individual.
Limitation of Liability
Creative Debuts assumes no liability or responsibility to you and in no event shall be liable, to the fullest extent permitted by law in the applicable jurisdiction, for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
– errors, mistakes, or inaccuracies of Content,
– personal injury or property damage, of any nature whatsoever, resulting from your access and use of the Website,
– unauthorised access to or use of our secure servers and/or any and all personal information stored therein,
– interruption or cessation of transmission to or from the Website,
– bugs, viruses, trojan horses, or the like which may be transmitted to our through our Website by any third party, and /or
– errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content
– delays in providing, or failure to provide or make available Artworks and services
– any misrepresentation on or relating to the Website or the Services
whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages. You specifically acknowledge that Creative Debuts shall not be liable for any Content, any Artwork, copyright violation by a user of the Website or for any defamatory, offensive or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
With regards to Artwork purchased by the Buyer, the liability of Creative Debuts with respect to any and all claims arising out of the performance or non-performance of the obligations of Creative Debuts or the Artist, whether based on warranty, contract, negligence, or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services.
You agree that each of these limitations is reasonable having regard to the nature of our site and that when you purchase or rent Artwork through our Website you will enter into a separate contract in each case.
None of the exclusions or limitations in these Terms and Conditions shall affect any of your statutory rights which are not capable of being excluded or exclude or restrict our liability for:-
– death or personal injury caused by our negligence;
– our fraud;
– any matter where by law it would be illegal to exclude or limit or to attempt to exclude or limit our liability.
To the fullest extent permitted by law, Creative Debuts disclaims all warranties, express or implied, in connection with the Website and your use thereof. Creative Debuts does not warrant, endorse, guarantee or assume responsibility for any hyperlinked website or other promotion, and Creative Debuts will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from Creative Debuts or through or from the service or the Website shall create any warranty not expressly stated in the Terms and Conditions. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Events outside our control
We and the Artists will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. If an event outside our control takes place and it affects the performance of our or the Artists’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Artist’s obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over. An event outside of our control means any act or event beyond our or Artists’ reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
SECTION 9- – INDEMNITY
You agree to defend, indemnify and hold harmless Creative Debuts from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the Website; (ii) your breach of any of these Terms and Conditions; (iii) your breach of any third party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that any of your Content or Artworks caused damage to a third party. Your obligation to indemnify us shall continue after any termination of your use of the Website.
SECTION 10 – USE OF WEBSITE
Creative Debuts grants you permission to use our Website so long as you:-
(i) will not copy or distribute any part of the Website in any medium without Creative Debuts’ prior written approval;
(ii) will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
(iii) your use of the Website is solely for your own personal use.
Creating an account
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without permission. When creating your account and user profile you must provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify Creative Debuts of any unauthorised use of your password or account or any other breach of security. Creative Debuts cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
By registering with the Website, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Website. If Creative Debuts suspects that your registration information is not true, complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subject to suspension or termination, and you may be barred from using the Website.
Third party links
The Website may contain links to third party websites that are not owned or controlled by Creative Debuts. Creative Debuts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Creative Debuts from any and all liability arising from your use of any third-party website.
User Code of Conduct
The following rules of conduct apply to your use of the Website and to any and all Content you post on the Website whether such Content is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website. You may not upload, post, email, transmit or otherwise make available any Content that:
– Is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarised;
– infringes or violates any patent, copyright, trademark, trade secret or other property right;
– violates any laws;
– breaches a duty of confidentiality by which you are bound;
– a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
– constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
– violates or encourages others to violate any applicable law, statute, ordinance or regulation;
– contains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines or computer code;
– is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
In addition, you may not use the Website to: upload, post, email or otherwise transmit any Content that releases personal information including telephone numbers, street addresses, last names, URLs or email address; take any action that may undermine any ratings system that Creative Debuts and the Website uses to curate submissions; harass and/or stalk other users on the site; delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; allow usage by others in such a way as to violate these Terms and Conditions; copy, modify, or distribute (i) Content from any Website or (ii) any Creative Debuts copyrights or trademarks; impersonate any person or entity, including, but not limited to, a Creative Debuts official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website; or upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
You agree not to use or launch any automated system, including without limitation, robots, spiders, scrapers or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Creative Debuts servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Creative Debuts grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches orarchives of such materials. Creative Debuts reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any Personal Information including, without limitation, account names, email addresses, or other User information obtained from the Website, nor use the communication systems provided by the Website, for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
SECTION 13 – GENERAL
These Terms and Conditions, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Creative Debuts without restriction.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Creative Debuts’ failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Creative Debuts reserves the right to amend these Terms and Conditions at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
A person who is not a party to this agreement has no right under the UK 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.
SECTION 14 – GOVERNING LAW
The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction to resolve any disputes between us.
SECTION 15 – COMPLAINTS
In the event of a complaint or dispute, including reporting any objectionable Content or behavior of users, then you should raise the matter by emailing our customer support team via email@example.com who will do their utmost to get this resolved quickly. If our support team is unable to satisfactorily address the issue then you can escalate the matter by writing to: The Directors, Creative Debuts Limited, 74 Rivington Street, London EC2A 3AY
Artist Sign Up Agreement
Terms & Conditions
These Terms and Conditions and the Website Terms and Conditions shall apply to our supply of our Services. These terms tell you how we will provide the Services , how you will pay for the Services, how you may cancel your contract and other important information.
Please read these terms and conditions carefully. By confirming your acceptance of these Terms and Conditions and the Website Terms and Conditions you agree to be bound by them.
In particular, your attention is drawn to the provisions of paragraph 10 (Limitation of Liability) of these Terms and Conditions.
In these Terms and Conditions, the following words and phrases shall have the following meanings:-
“Artist Label” means a label (containing details of you, the name of the item of your Artwork and the Sale Price of the Artwork) to be supplied by us and placed next to an Artwork when exhibited pursuant to a Rental Agreement;
“Artwork” means an original painting or work of art to be supplied by you subject to the Contract;
“Business Day” means a day (other than a Saturday or Sunday) when banks in the City of London are open for routine banking business;
“Buyer” means a buyer or proposed buyer of Artwork in accordance with the Website Terms and Conditions;
“Commission” means the commission payable to us on any Sale in accordance with clause 5.3;
“Content” means information, data, photographs, , graphics and any other materials we publish or you post or is otherwise made available on or via the Website about you and your Artworks;
“Contract” means these Terms and Conditions and the Website Terms and Conditions;
“Exhibitions” means the exhibition of Artworks at exhibitions and fairs organised by us;
“Order” means the Buyer’s order for Artworks made through the Website;
“Rental” means the rental of an item of Artwork;
“Rental Customer” means a customer of Creative Debuts who agrees to rent Artworks;
“Sale” means the sale of an item of Artwork;
“Sale Price” means the amount payable for an item of Artwork by a Buyer;
“Services” means the Services made available by us as set out in clause 3;
“Terms and Conditions” means these Terms and Conditions;
“user” means a user of our Website;
“We” or “us” means Creative Debuts Limited, registered in England, No. 08625450 and, where applicable, our employees, affiliates and agents
“Website” means Creativedebuts.co.uk and any other websites owned or operated by Creative Debuts.
“Website Terms and Conditions” means the general terms and conditions set out on our Website.
We will provide the following Services:-
– We will allow you to upload Content to our Website subject to the Website Terms and Conditions;
– We shall act as your agent in seeking Buyers for your Artwork via the Website and conclude Sales on your behalf:
– We will, at our own discretion, rent your Artworks to our Rental Customers;
– We will at our discretion arrange Exhibitions of your Artwork; and
– We will provide ancillary services in order to facilitate the delivery of your Artworks to Buyers and Rental Customers and in respect of Exhibitions, including the collection of sale proceeds from Buyers, dealing with returns and cancellations and providing other assistance on an ad hoc basis.
By entering into this Contract, you agree that:-
– You shall supply us with Content relating to you and your Artwork in accordance with the Website Terms and Conditions;
– we may act as your Agent in arranging for the Sale ,Rental and Exhibition of your Artworks;.
– We are authorised by you to conclude contracts on your behalf for the Sale, Rental or Exhibition of your Artworks, We shall be a party to such arrangements to the extent that this is required in order to facilitate the provision of our Services. Nevertheless, all right title and interest in the Artworks shall belong to you until such time as the Artworks have been sold.
Sale of Artwork
Your Artworks will be available for sale on our Website in accordance with the Website Terms and Conditions. Please see section 3 (Sale of Artworks) which sets out various terms applicable to the Sale of your Artwork. The Sale Price for your Artwork will be set by you although we can offer you some guidance as to what price range to market your Artwork.
Upon receipt of an Order for your Artwork, we will notify you and you shall confirm the availability of the Artwork and your authorisation for us to accept the Order on your behalf within 24 hours of us sending you details of the Order. If we have not received your confirmation and authorisation of the Order within this time limit, we may, but shall not be obliged to, assume that we have your authority to confirm acceptance of the Order. If, as a result of your non response we have accepted the Order and the Artwork is not available, you shall be responsible for all costs and losses of Creative Debuts and the Buyer in connection with the Order.
In consideration for the provision of our Services, you shall pay us commission equal to 32% of any Sale Price (30% commission and a 2% transaction fee together with any VAT chargeable thereon. Such Commission and any other ancillary costs, such as costs of delivery where the Artworks are in our possession or in the possession of a Rental Customer at the time of the Sale, shall be payable by you by us being authorised to deduct and retain such amounts from the Sale Price we receive before we remit the balance to you.
The balance of the Sale Price owing to you will be transferred by us to such bank account as you notify to us within 21 Business Days of confirmation that the Artwork has been delivered to the Buyer unless the Buyer cancels the Order or returns the Artwork in accordance with the Website Terms and Conditions. If you have completed a job or project payments are made on or around the 20th of each month once an invoice has been sent to firstname.lastname@example.org
In the event that a Buyer is entitled to a refund pursuant to the Website Terms and Conditions and we have remitted to you the balance of the Sale Price, you shall transfer such balance of the Sale Price to our bank account within 3 Business Days in order for us to provide a refund to the Buyer.
You undertake that you shall not sell Artwork to a user of the Website directly and in the event that any approach is made directly by a user to you, you shall:-
direct the user to purchase the Artwork thorough the Website; and
you shall notify us as soon as possible of such proposed Sale with details of the name and address of the proposed buyer and the price being offered for the Artwork.
In the event that any Sale is concluded whereby a user has been introduced to your Artwork through our Website or buys any Artwork displayed on our Website directly from you, you shall pay to us, on demand, 30% of any Sale Price received by you from that user.
Please note any artist involved with the Creative Debuts Print Store should contact us directly for more info as the Print Store has a separate Terms and Conditions as it works in a different method to our standard service.
Rental of Artwork
You agree that we may rent your Artworks to Rental Customers in consideration for which we may charge such rental fees as we may deem appropriate. The rental fees payable shall belong exclusively to us and you shall not be entitled to any portion of such Rental Fees.
Your Artworks will be rented by us in accordance with such terms as we may agree separately with Rental Customers.
If any Sale results from the Rental the provisions referred to in clause 5 above (Sale of Artwork) shall apply to such Sale.
We shall l ensure that our Rental Customers shall:-
be liable for any damage occurring to your Artwork whilst being rented by them; and
exhibit your Artwork at their Premises with an Artist Label appended to it at all times in order for your Artwork to be sold.
You agree that we may exhibit your Artworks at Exhibitions at our expense.
Your Artworks will be exhibited by us in accordance with such terms as we may agree separately with the operators of the Exhibitions.
If any Sale results from an Exhibition the provisions referred to in clause 5 above (Sale of Artwork) shall apply to such Sale.
Offers and Promotions
You agree that we shall be entitled to offer discount codes and promotions in respect of your Artworks up to the value of 10% of the Sale Price set by you. In the event that we wish to offer a greater promotion or discount code to Buyers, we may do so, provided that the proportion of the Sale Price received by you shall be no less than 90% of the original Sale Price set by you less our Commission.
Promotion of the Artwork and the Website
You agree that you shall use your reasonable endeavours to promote your Artwork and its availability through our Website using your own social media accounts including, but not limited to, Facebook, Instagram, Twitter and LinkedIn.
Subject to clause 10.2, we shall not be liable to you for any loss or damage you may suffer under the Contract, including any loss, theft or damage occurring to the Artwork whether or not it is in our possession or control..
Nothing in the Contract shall limit or exclude our liability for:
death or personal injury caused by negligence, or the negligence of any of our employees, agents or subcontractors; or
our fraud or fraudulent misrepresentation; or
subject to clause 10.3 our wilful negligence or default.
We shall not be liable to you, for:
– loss of profits;
– loss or damage to your goodwill;
– any indirect or consequential loss: or
– for any direct cost, loss or damage exceeding the indicated Sale Price of your Artwork.
– This clause 10 shall survive termination of the Contract.
Termination of the Contract
The Contract shall terminate immediately:-
– on the giving of notice by us to you if you are in breach of the Contract; or
– if you become bankrupt or a trustee, receiver or administrator is appointed or is threated to be appointed over all or any of your property or assets.
– Termination of the Contract shall be without prejudice to any accrued rights that we may have against you and to any of the Terms and Conditions which are expressed or by implication are to survive following termination.
We shall not be liable for any breach of the Contract or for any losses resulting therefrom caused by circumstances beyond our reasonable control, including but not limited to acts of God, fire, lightning, flood or extremely severe weather, explosion, war, disorder, industrial disputes (whether or not involving our employees) network failures, or acts of local or central Government or other competent authorities.
If any provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision shall not affect the validity and enforceability of the rest of the Contract.
Any notice or communication under or in connection with these Terms and Conditions shall be in writing and may be delivered personally, or by post (using registered mail) or electronic mail (but not facsimile) to such address, or electronic mail address as either party may notify to the other from time to time.
Governing law and jurisdiction
These Terms and Conditions shall be interpreted in accordance with English law and any disputes (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.
This website is operated by Creative Debuts Limited, a company registered in England under number 08625450. Our postal address is 74 Rivington Street, London EC2A 3AY.