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Terms of Agreement

 

Welcome to The Artling. These terms of agreement (“Terms”) between you, the gallery (‘Gallery”, “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 Gallery, 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 Gallery. The Artling will set up an Account for all existing Galleries.  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 Gallery online and offline. The Gallery has ownership/rights of representation of the Artists and/or Designers and Products listed and desires to exhibit and sell the same via the Website and offline; therefore, The Artling and the Gallery (the “Parties”) agree on the following:

  1. Agency
    The Gallery 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.

  2. Listing Products on the Website

    You may submit Works of Art for listing on the Website via the inventory upload page in your Account. In order for your listings to be accepted you must complete all mandatory fields in the inventory upload page 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 Inventory Management list in your Profile (the “Inventory”). The Artling reserves the right to edit any Inventory to meet our guidelines.

    If you sell a Work of Art in the Inventory from your physical gallery or at an art fair 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 Gallery shall make their best effort to provide an alternate artwork option that can be offered to the client at the same price as the purchased work.

    If you wish to remove a Work of Art for any other reason you can do so by logging into your Account and un-publishing, deleting or marking the Work of Art as “Sold” in your Inventory.
  3. Responsibility for the Works of Art

    You acknowledge and agree that you are solely responsible for the Works of Art you make available through our Website. You represent and warrant that (i) you are authorised by the Artist to sell the Works of Art, (ii) the Works of Art are original and the Artist or you are the sole and exclusive owner of the Works of Art, (iii) the Works of Art 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.  

  4. Pricing and Sales 
    The Artling shall sell the Products at the agreed retail price specified in the Inventory. The agreed retail price shall include The Artling commission. You must login to your Account and update the Inventory if there are any price changes. The Artling requests that there is no discrepancy between the price listed in the Inventory and the price at which the Gallery sells the Product offline or on other 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.

  5. Offline Sales
    Offline Sales include (i) all sales and commissions resulting from introductions via The Artling even where the Gallery and the customer opt to conduct negotiations between themselves and (ii) all sales which occur when The Artling sells a Product which the Gallery has authorised The Artling to sell without listing it on our Website (“Offline Sales”). In the case of 5 (i) the commission is payable to The Artling once payment is received by the Gallery.
     
  6. Payment and Returns Policy 
    Customers will pay The Artling directly for the Products and the Artling will notify the Gallery on receipt of payment. The Artling will inform the Gallery of the relevant invoice amount, after The Artling’s commission has been deducted. 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. Payment will be transferred to the Gallery’s bank or Paypal account. Please address the invoice to ‘The Artling Pte Ltd.’ Should the Gallery opt to be paid through bank transfer, the transaction charges shall be borne by the Gallery.

    If the Gallery has agreed to The Artling’s returns policy then payment will be transferred on the expiry of the 3 day returns period.

    In the case of large Offline Sales, the payment terms for the Products may be impacted by the customer’s commercial payment terms. Where the customer’s payment terms exceed The Artling’s payment terms, The Artling will inform the Gallery in writing and thereafter such payment terms will be passed on to the Gallery.

  7. Shipping 

    Shipping of the Products is to be done by the Gallery within three (3) working days of confirmation of order by The Artling, unless a lead time is stated on the product listing. If more than three (3) working days are required to organise the Products, The Artling shall be notified so that we can inform the customer. Tracking/shipping information is to be provided to The Artling. 

    There is an Estimated International Shipping Cost field for each Product in the Inventory Management system. If this field is filled in, the customer will be charged this cost, and the Gallery will be reimbursed for the cost of shipping up to the entered amount. The Gallery shall use a professional art handler or recognised international courier with insurance to ship the Products to prevent damage during transport, unless otherwise agreed in writing. The Gallery is liable for the loss or damage of the Products during transit from the Gallery to the customer. However, the Artling will be on hand to assist in any mediation.

  8. Transaction Restriction
    If a customer contacts the Gallery after seeing a Product on the Website, the Gallery shall not sell the Product independently of The Artling.
     
  9. The Artling Commission 
    The Artling offers a sliding scale of commission and does not charge a listing fee (the “Commission”):

    Artwork Sales up to USD 5,000: 20%
    Artwork Sales over USD 5,000: 10%
    Book Sales: 10%
    Design Sales: 15%
     
  10. Exclusivity
    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 art platforms and to update the artwork 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 the Products on our Website exclusively to ensure there are no price discrepancies across multiple online art platforms and to ensure customers know where to find particular series of your artists’ works online. Galleries are invited to mark each Work of Art as exclusive to The Artling in the Inventory.
     
  11. 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 Gallery of the exchange rate on the day of sale, from USD to the currency in which the Gallery wishes to be paid. The same exchange rate will be used by The Gallery to invoice The Artling for payment.
     
  12. Framing & Crating
    Most prices on our Website exclude framing. Please indicate in your Inventory if your Artworks 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.
     
  13. Loss or Damage
    The Gallery shall be strictly liable for loss or damage to any Products until the Product has been delivered to the customer, unless otherwise agreed in writing. In the event of loss or damage, the Gallery will need to liaise with the customer to resolve all issues. The Artling will be on hand to assist if required.
     
  14. Changes/Adjustments
    Any changes to the Artist/Designer or Gallery information or 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.
     
  15. Timeframe
    These Terms are valid from the date of acceptance by the Gallery. These Terms remain in force until either party expresses the intent to terminate this agreement in writing with 30 days’ notice.
     
  16. Documentation
    Where possible, the Gallery shall provide a signed, original Certificate of Authenticity along with each Product upon shipping.
     
  17. Curation
    The Artling reserves the right to select which Product/s will be posted on the Website.
     
  18. Cross-Promotion
    The Artling shall put up a webpage containing the Gallery profile on the Website. Conversely, The Gallery 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.
     
  19. Indemnity
    The Gallery 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.
     
  20. 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.
     
  21. Harassment
    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 behaviour which are heard, seen, or otherwise perceived as harassment by any of the employees at The Artling.
  22. Further Claims 
    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.  

  23. Defamation
    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.

  24. Entire Agreement
    These Terms supersede any previous agreement amongst the Gallery and The Artling in relation to the matters dealt with herein and represent the entire understanding between the Parties in relation thereto.
     
  25. Law & Jurisdiction
    The construction, validity and performance of these Terms shall be governed in all respects by the laws of Singapore.
     
  26. Arbitration
    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.
     

     

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