Welcome to The Artling. These terms of agreement (“Terms”) between you, the artist and/or designer (“Seller”, “you”, “your”) and The Artling Pte Ltd of 91B Tanjong Pagar Road, Singapore 088512 (“The Artling”, “we”, “us”, “our”) govern your use of our website and services (“Website”). By using the Website, you agree to these Terms. Please read these Terms carefully and feel free to contact us if you have any questions.
In order to join us as a Seller, you must receive an invite from our team, or complete the submission forms on the website. Upon completing the submission form and receiving an email of acceptance from The Artling you will become an Artling Seller. The Artling will set up an Account for all existing Artists and/or Designers. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate and complete. The Artling reserves the right to suspend or terminate your Account if information provided by you proves to be inaccurate or incomplete.
We may modify the Terms from time to time. The provisions contained herein supersede all previous notices or statements regarding our Terms. We encourage you to check our Website to see the current Terms in effect and any changes that may have been made to them. By continuing to use the Website following any modifications to the Terms, you agree to be bound by such modifications.
The Artling exhibits and sells artwork/craftwork/sculpture/design objects (“Products”) submitted by the Seller online and offline. The Seller desires to exhibit and sell his/her Products via the Website and offline; therefore, The Artling and the Seller (the “Parties”) agree on the following:
The Seller appoints The Artling to showcase and propose its Products for sale on its website and in offline consultancy projects. The Artling is an independent contractor and there is no relationship of agency, partnership or joint venture between the Parties.
- Listing Products on the Website
You may submit Products for listing on the Website via the Products page in your Account. Products shall be categorized as Artworks, Design, Books, or Open Edition Prints.
In order for your listings to be successfully submitted you must complete all mandatory fields in the form and ensure all listings are accurate and complete. The information uploaded, including the product’s state for shipping, must be upheld in the case of a Sale. Once it is accepted it will appear in the Products list in your Profile (the “Inventory”). The Artling reserves the right to edit any Inventory to meet our guidelines.
If you sell a Product listed in the Inventory outside of The Artling’s platform, from your physical studio, via your gallery or via another online platform, you must update your Inventory as soon as reasonably possible. The Artling is not responsible for any failure to update your Inventory which leads to duplicate sales. If a duplicate sale does occur, the Seller must make their best effort to provide an alternate product option that can be offered to the client at the same price as the purchased work.
If you wish to remove a Product for any other reason you can do so by logging into your Account and un-publishing, deleting or marking the Product as “Sold” in your Inventory.
- Responsibility for Products
You acknowledge and agree that you are solely responsible for the Products you make available through our Website. You represent and warrant that (i) you are authorised to sell the Products, (ii) the Products are original and you are the sole and exclusive owner of the Products, (iii) the Products that you make available through the Website will not infringe on a third party’s intellectual property rights or result in the violation of any applicable law, (iv) the Products will be shipped in the condition that has been listed on the Website.
- Pricing and Sales
The Artling shall sell the Products at the agreed retail price specified in the Inventory. The retail price shall include The Artling’s commission. The Artling requests that there is no discrepancy between the price listed in the Inventory and the price at which you sell the work at your studio or via other galleries or online platforms. The Artling reserves the right to remove Products if it finds them published elsewhere at a different price.
It is your responsibility to update The Artling should the prices of the works change from the time they were originally listed. If a work is sold at the listed price, the Seller is responsible for honouring the sale at the listed price.
- Offline Sales
Offline sales include all sales and commissions resulting from (i) introductions via The Artling even where the Seller and the customer opt to conduct negotiations between themselves and (ii) when The Artling sells a Product which the Seller has authorised The Artling to sell without listing it on our Website. In the case of 5 (i) payment of commission is due to The Artling once payment has been received by the Seller.
- Open Edition Prints
If you select Open Edition Prints as the Product category, The Artling will take care of all printing and shipping logistics for you, with an increased commission of 50% for this service [refer to table in Product form for further details]. As the Seller, all you will need to do is upload a high-resolution JPEG (minimum 300 dpi) with your digital signature onto our secure server, fill out the Product form, and select the standard sizes you would like the work to be printed in. The Artling will then facilitate the printing of the work on fine art paper and ship the work directly to the customer. The Seller shall retain all Copyright to the work, and The Artling will only print the work in the selected sizes as specified by the Seller. The Artling will not reproduce the prints without permission from the Seller.
- Payment and Returns Policy
Customers will pay The Artling directly for the Products. Once payment is received by The Artling, the Seller will be notified to prepare the Products for shipping. The Artling will inform the Seller of the relevant invoice amount, after The Artling’s commission has been deducted. For Singapore-based sellers, if monies are transferred in a foreign currency (other than Singapore Dollars), the foreign exchange rate for The Artling’s payment to the Seller will be pegged to the date of receipt of payment from the customer. All other payments will be made in USD (United States Dollars). Payment will be transferred to the Seller’s bank or Paypal account within seven (7) working days from notification of Sale. Seller’s agree that all transaction charges shall be borne by the Seller. Please address the invoice to ‘The Artling Pte Ltd.’
For Products categorized as Artworks, The Artling offers a 3-day returns policy upon the Customer’s receipt of the Artwork. If the Customer chooses to return the Artwork within this period, The Artling will issue the Customer with a full refund and organize for delivery of the returned artwork to the Artist. The Customer will bear the cost of the return shipment. Payment will be transferred to the Seller upon the expiry of the 3-day returns period.
Shipping must be within three (3) working days of confirmation of order by The Artling, unless a lead time has been stated in the product listing. If more than three (3) working days is required to organise the Products, The Artling shall be notified so that we can promptly inform the customer. Tracking/shipping information is to be provided to The Artling.
The Seller will ship the Products directly to the Customer and arrange for transit insurance for the shipment at the full Product value. The Seller shall use a professional art handler or recognized international courier (eg: DHL, UPS, FEDEX, TNT, National Carrier) to ship the Products to prevent damage to the Products during transport.
Shipping charges, insurance costs, relevant taxes and duties, and other handling expenses incurred in the delivery of the Products from the Seller to the Customer shall be borne by the Customer. Packaging costs, and risk of loss or damage incurred in the delivery of the Products to the Customer will be borne by the Seller. The Artling will be on hand to assist in any mediation.
- Transaction Restriction
If a customer contacts the Seller after seeing a Product on the Website, the Seller shall not sell the Product independently of The Artling. The Seller must notify The Artling to assist with the transaction.
- The Artling Commission
The Artling does not charge a listing fee. The commission is charged as a flat rate on online and offline sales made through the platform (the “Commission”), depending on the Product category:
Open Edition Prints: 50%
Exclusivity is optional when listing your Products on our Website. If you choose to list Products on a non-exclusive basis, then you must make your best efforts to ensure there is no price discrepancy between the prices listed on The Artling and on other online platforms and to update the product status in a timely manner should the work sell outside of The Artling’s platform.
If your Products are not sold on other online platforms, we advise that you list Products on our Website exclusively (i.e. they do not appear on any other online platforms for sale except your personal Website) to ensure there are no price discrepancies across multiple online platforms and your collectors know where to find your Products online. Sellers are invited to mark each Product as ‘Exclusive to The Artling’ in the Product form.
- Currency Conversion
The Artling uses USD as a base currency at which Products are sold online. In the event of a sale, The Artling shall advise the Seller of the exchange rate on the day of sale, from USD to the currency in which the Seller wishes to be paid. The same exchange rate will be used by The Seller to invoice The Artling for payment.
- Framing & Crating
Most prices on our Website exclude framing. Please indicate in your Inventory if your Products come framed. If your Product requires crating for shipment, please indicate this in your Inventory so the Customer is aware of potentially higher shipping charges.
- Loss or Damage
The Seller shall be strictly liable for loss or damage to any Products until the Products has been delivered to The Artling or the Customer. In the event of loss or damage, The Artling will be on hand to assist and mediate if required but the Seller commits to either a full refund, or a replacement piece (where possible), unless otherwise agreed.
Any changes to the Seller information, biography, price or availability of the Products are to be made by logging into your Account and making the changes to the Inventory. Such changes should be made as soon as reasonably possible. The Artling is not liable for any issues arising from the failure to make such changes in a timely manner.
The Terms are valid from the date of acceptance by the Seller. The Terms remain in force until either Party expresses the intent to terminate the Terms in writing with 30 days’ written notice.
Where possible, the Seller shall provide a signed, original Certificate of Authenticity along with each Product upon shipping.
The Artling reserves the right to select which Works of Art will be posted on the Website.
The Artling shall put the Seller’s profile on the Website. Conversely, the Seller shall endeavor to post a positive mention and/or a link to The Artling from their social media channels and website (if any). The Artling shall be notified once these promotions are published online.
The Seller agrees to defend, indemnify and hold The Artling, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Website or your Account or your violation of these Terms.
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website remains with you. Neither The Artling nor any other party involved in creating, producing, or delivering the Website will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Website or from any communications, interactions or meetings with other users of the Website or other persons with whom you communicate or interact as a result of your use of the Website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not The Artling has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will The Artling’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Website exceed: (i) the total payments made or credited to you by The Artling for the sale of your Products during the three (3) month period preceding the date a claim for liability arises under these Terms. The limitations of damages set forth above are fundamental elements of the basis of the bargain between The Artling and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
We pride ourselves in customer service, and ensuring that both our Buyers and Sellers are happy is our top priority. Sellers agree that they will not intentionally cause harassment, alarm or distress to any of the employees at The Artling. Harassment involves any unwelcome conduct (physical, verbal, or non-verbal, online or offline) based on an individual’s protected status that creates an environment that is intimidating, hostile, or abusive. We reserve the right to restrict and/or refuse the Seller from using theartling.com; remove/delete your Seller Account, Profile, and Products; and restrict and/or block the Seller from creating an Account on theartling.com should the Seller:
((i) intentionally cause harassment, alarm, or distress;
(ii) use any threatening, abusive or insulting words or behaviour;
(iii) make any threatening, abusive or insulting communication;
(iv) violate any of our other terms of service;
or any other behaviours which are heard, seen, or otherwise perceived as harassment by any of the employees at The Artling.
The Seller agrees that they are not entitled to receive, and will not claim, any additional right, benefit, payment or compensation, including but not limited to, any claim for wages, benefits, damages, interest, attorneys fees and costs, other than what is expressly set forth in listed Product cost, excluding The Artling's Commission, and hereby expressly waives any right to additional rights, benefits, payments, or compensation.
The Seller further acknowledges that The Artling makes this Agreement without any admission of liability, and agrees, to the extent permissible by law, that he/she will not defame, disparage, or make false or deceptive allegations against The Artling, whether to the press, employees, customers, investors, or otherwise.
The Seller agrees that in an action for slander in respect of words calculated to disparage The Artling at the time of the publication, it shall not be necessary for The Artling to allege or prove special damage whether or not the words are spoken of the The Artling in the way of their office, profession, calling, trade or business.
(i) For the purposes of the law of libel and slander, the broadcasting of words (publication for general reception) by means of telecommunication shall be treated as publication in a permanent form. The means of telecommunication includes, but is not limited to, any communication through online (digital) and/or offline (non-digital) means.
(ii) In any action for slander of The Artling's title, slander of products, or other malicious falsehood, it shall not be necessary for The Artling to allege or prove special damage if:
(a) if the words upon which the action is founded are calculated to cause pecuniary
damage to the The Artling and are published in writing or other permanent form; or
(b) if the said words are calculated to cause pecuniary damage to the The Artling in respect of any office, profession, calling, trade or business held or carried on by The Artling at the time of the publication.
(c) Clause (i) applies for the purposes of this section as it applies for the purposes of the law of libel and slander.
- Entire Agreement
These Terms supersede any previous agreement amongst the Seller and The Artling in relation to the matters dealt with herein and represent the entire understanding between the Parties in relation thereto.
- Law & Jurisdiction
The construction, validity and performance of these Terms shall be governed in all respects by the laws of Singapore.
Any dispute arising out of or in connection with these Terms shall be referred to and resolved by arbitration in Singapore with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference to this clause.