Purpose of Contract with Purchaser:
This contract spells out the mutual obligations and duties between Purchasers and The Giving Gallery. This contract will provide clarity of expectation to avoid innocent misunderstandings and allows for mutually supportive bond and development of trust between the artist and The Giving Gallery.
This is an agreement between (“the Purchaser”) and “The Giving Gallery”.
- Purchases; Commissions. The Purchaser may purchase Artwork sold on The Giving Gallery site. The Purchaser acknowledges that Artwork prices listed do not include shipping and handling charges or applicable taxes, if any, for which the Purchaser is responsible and which will be separately identified on the Purchasers receipt. The Giving Gallery will collect the Purchasers billing and shipping information and process the Purchasers payment. The Artist will ship the purchased work directly to the Purchaser. The Purchaser agrees to notify The Giving Gallery of damaged goods within five days of delivery. The Giving Gallery and the Purchaser agree that The Giving Gallery’s commission is 20% of the retail price of the Artwork, the Artist’s commission is 40% of the retail price of the Artwork, and the specified nonprofit’s donation is 40% of the retail price of the Artwork. Any change in the retail price, or The Giving Gallery or Artist’s commission, must be agreed to in advance of purchase by the Artist and The Giving Gallery.
- Shipping. The Giving Gallery and the Artist agree that the Purchaser of the Artwork pays for processing fees; shipping fees, and states sales tax. The Giving Gallery and the Artist agree that the Artist pays for packaging material for Artwork shipment. The Giving Gallery and the Artist agree that The Giving Gallery provides a pre-paid shipping label determined by the Artwork size and weight, and address form which the Artwork is sent by the Artist and received by the Purchaser. The Giving Gallery and the Artist agree that the shipment of the Artwork occurs only after the Purchaser has paid the retail price of the art. The Giving Gallery and the Artist agree that the Artist will package the Artwork at a high quality standard and ship to the specified location of the within five business days of the Artwork Purchase. The Giving Gallery and the Artist agree that the Purchaser is responsible for paying for return shipping costs.
- Order Cancellations; Returns. The Giving Gallery reserves the right to cancel any order for Artwork sold on The Giving Gallery if The Giving Gallery determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed on The Giving Gallery. If The Giving Gallery cancels an order placed, The Giving Gallery will send you an email confirmation of such cancellation and you will not be charged for your order. Original artwork must be returned within seven (7) days to for a refund. Open Edition or Limited Edition prints are eligible for return 30 days after the date the Purchaser receives the order.
- Copyright. The copyright in each Artwork shall remain the property of the Artist. Dealings in relation to the copyright in the Artwork shall be made solely between the Artist and the Purchaser in advance of the Purchase.
- Disputes. Should any dispute arise concerning any matter referred to in this Contract, the dispute will be referred to the informal arbitration of two arbitrators, one to be appointed by each party. In the event of the arbitrators disagreeing, the dispute will be referred to an umpire selected by the arbitrators. No action or suit relating to this contract will be brought or maintained by either party against the other party until a decision has first been obtained from the arbitrators or umpire.