Us/Our/We? means Art Wowyu. You/Yours?etc. means you, a user of our services, otherwise known as The Artist. Site/Sites? means web site www.art-wowyu.com 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 displaying/marketing/selling your Artwork through the Sites.
Acceptance of Artist
We reserve the right to accept or decline Your application to market Artworks through us. Your application includes your acceptance of these terms and conditions.
You warrant that all information supplied to Us is accurate, and up to date.
You agree to have Your artworks and descriptive information displayed on the Site.
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.
Acceptance of Artworks
We reserve the right to accept or decline your application to market any Artwork through Us for any reason.
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.
By uploading your artwork for sale, you agree to allow Art Wowyu to market your artwork. This may include:
printing framed samples for display at businesses where your artwork will be sold;
printing framed samples for temporary exhibitions for marketing purposes only;
printing smaller samples such as postcards, flyers, booklets or other promotional products to send to potential clients
uploading your artwork onto our Facebook page or other areas of the website (with the Our watermark) for promotional activities such as competitions, lucky draws and other means of promoting your artwork.
When Art Wowyu uses your artwork for promotional purposes as listed in 3.3, We will be liable for all the marketing costs and will not benefit financially from using your Artwork for promotional purposes. If your Artwork is used in a competition or lucky draw or other similar promotion, Art Wowyu will pay You the same amount for the artwork (original or printed) according to the price displayed on the website at the time.
You may market your Artwork through other channels simultaneously while marketing through Us, provided:
- this does not affect Your ability to deliver the Artwork to the Customer within the specified time.
- the Artwork is not available for sale on any other website and is only available for sale in galleries and / or small shops.
- the Artwork is removed from sale from our Website as soon as possible if it has been sold through another channel.
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.
The copyright in the Artwork will remain with you even after ownership of the Artwork is transferred to the Customer.
You must supply one digital Image of each Artwork You wish to sell through us. The Images must be in JPEG or PNG format and as accurately as possible reflect the real Artwork. The Image will show the entire artwork. If you are selling original artwork only, there is no restriction on the Image quality. However, if you are selling prints, you must supply an Image with at least 3500 pixels. The higher quality image will not be displayed on the website and will only be used for making the prints.
Art Wowyu will cover all artwork displayed on our website with a watermark (Art Wowyu logo) to provide additional protection for You.
Pricing and Artwork particulars
For original artwork, you will choose the normal price which the Artwork should be sold for with a minimum and maximum price range. Art Wowyu will initially display your Artwork at the maximum price you choose but has the absolute discretion to sell the Artwork within the range specified. This price must be inclusive of VAT or any local taxes (if applicable) at your end. For prints, Art Wowyu will determine the price according to the quantity sold, the size of the prints, the quality of psper and other relevant factors at our discretion.
Art Wowyu will charge the Customer directly for the Artwork as soon as You inform us that the Artwork is available (Art Wowyu does not need to contact you to confirm availability of prints), including delivery costs from the Artwork's place of origin to the delivery address and insurance to cover the value of the Artwork. The Customer will also be responsible for any local taxes (including customs tax) upon receipt of the Artwork (if applicable). We will retain the amount received from the Customer until the Artwork has been delivered. Our commission rate will be deducted from the final sale price, which is determined by your membership level at the time of sale and then paid to You no later than 5 days after the customer has confirmed receipt of the Artwork. You agree to the pricing structure and membership benefits (Visit http://art-wowyu.com/join.php for details)
In the case of selling prints, you will inform Art Wowyu of the maximum number of prints that can be sold for each Artwork when uploading the Image to our Website. You also agree that each print will have a copy of your signature, the number of the print being sold, a basic description of the Artwork and Art Wowyu's company chop to authenticate the Artwork. Once the maximum number of prints has been sold based on the amount originally selected by You, no more prints from the same original Artwork can be sold.
Delivery, packaging and insurance
You are responsible and liable for the costs of all materials and packaging of the Artwork. Art Wowyu is responsible for receiving payment in addition to the price of the Artwork from the Customer for the delivery and insurance costs incurred.
You will ensure that Artworks are securely packaged and labelled for safe delivery to the Customer.
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.
Art Wowyu will arrange delivery of Artworks to the Customer within a maximum of five working days of receiving the payment from the Customer. You must ensure that the Artwork is available to be shipped within this time period.
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 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 if the delivery cannot be arranged within a suitable timeframe.
Returns and damaged goods
Damaged or Lost Artwork: In the event of the Artwork arriving damaged with the Customer or the Artwork being lost, the Insurance costs should cover the value of the Artwork and you will still be reimbursed the original price of the Artwork minus the commission rate within 30 days of the case being referred to the Shipping company.
Customer Satisfaction Guarantee (Original Artwork only): You accept that the order will not be complete until Art Wowyu has contacted the Customer to ensure they are satisfied with the Artwork received. If, for any reason the Customer is not satisfied with the Art Work and informs Art Wowyu within 2 days of receipt of the Artwork, and agrees to return the Artwork(s) within 7 days of receipt by notifying Art Wowyu in writing, this will constitute cancellation of the order and the Artwork will be returned to You. The Customer will be responsible for the return Shipping cost.
In the event of You sending the wrong Artwork to the Customer, You will be responsible for the return delivery costs of the Artwork and the delivery cost of delivering the correct Artwork to the Customer. Art Wowyu will assist You in trying to find a satisfactory solution for all parties in such cases.
Payment for Artworks
Payments to You will be made by PayPal. You are required to set up your own PayPal account (www.paypal.com) and provide Art Wowyu with the PayPal username / e-mail address so that we can make payments to You. If You want to be paid using methods other than PayPal, You will be responsible for the transfer fees incurred.
Should your Artwork(s) be sold we will send a purchase invoice for the Price minus the rate of commission charged by Art Wowyu according to your membership type. The Invoice will be paid by us no later than 3 days (to Paypal accounts only) after We have confirmed delivery of the Artwork(s) to the Customer and have received notification of their satisfaction with the Artwork. For other payment methods chosen by You, it may take considerably longer for You to receive payments from Art Wowyu.
Ownership of Customer relationship
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 Artwork packaging.
In the event of the Customer returning the Artwork under the Customer Satisfaction Guarantee, we will release Your details to the Customer so they can arrange return delivery.
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.
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.
This Agreement is entered into in Hong Kong and shall be governed by, and shall be construed in accordance with, Hong Kong law. The courts of Hong Kong shall have jurisdiction to hear and determine any cost, action or proceedings, and to settle any disputes which may arise out of or in connection with these rules and you irrevocably submit to the jurisdiction of such courts.
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 by e-mail.
Using the service constitutes acceptance of these rules.