The terms "Listening Pond ","gallery" "us" "we" and "our" refers to Listening Pond
The terms "artist ", "you" and "yours" refers to the artist
Nothing contained in this Agreement shall constitute the Gallery an employee of the Artist. We are acting as an advertising platform for you to sell your artwork.
We will provide you with a User ID and password on. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You may choose to let someone else manage your online galleries in which case you are responsible for the safety of your password.
The artist understands that the gallery will take a percentage of the sale price and has the right to change this percentage at any time. You are responsible for setting the price of your work and any sales made from the gallery from your settings will stand.
Once a buyer orders your artwork online its status on the web site will appear as sold. For prints or variations of an original the stock level will drop. You will receive notification from the gallery of any sales, and the shipping method chosen by the buyer by email. It is your responsibility to ship the goods on time by contacting UPS and filling out a shipping label. You will be given a UPS number to use on the label which will bill to the gallery. Follow our shipping guidelines from your admin area. You (the artist) understands that the Listening Pond has no responsibility for any loss or damage that may arise from circumstances beyond our control. You are responsible for any risk in shipping your goods including but not limited to: laws governing export control, consumer protection, failing to insure.
Orders from international destinations could incur duty and taxes depending on the destination country. The shipping charge calculated at our checkout covers the UPS Shipping fee only and Listening Pond will cover the cost of insurance. The artist will be responsible for any export taxes from their country. The buyer is responsible for any duty or taxes that are incurred on import to their country.
This is determined by the weights and measurements you enter from your admin area. You agree that any loss caused by you entering wrong information can at the descretion of the gallery be taken from the sale price.
The artist is responsible for the safety of the products they ship.. All responsibility for the work(s) of art shall remain with the artist subject to risk passing to the customer upon delivery.
On the shipping label you should select insurance cover which the galley will pay for. Any loss caused by your failure to insure the art will remain yours.
The buyer must notify the Listening Pond within seven days from the date of receiving the work(s) of art by e-mail to firstname.lastname@example.org of any intended return. After this time, all sales are final. They may return any work(s) of art acquired, provided that:
Returns of art work shall be to the Artist upon receipt of the buyers email to the gallery. You agree that the gallery can send your delivery details to the buyer. The art shall be returned in the same condition as received and within ten days from the date of us receiving notification of such a return. The buyer is responsible for return shipping costs. There is no right to return the art where the Work(s) of Art have been made to buyer specifications or have been personalized or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. After the 7 days return period is over you will be paid for the sale.
You must ensure that you are legally able to sell each item included on the Site, and that it is lawful to sell and export such items to a person resident in the buyer's jurisdiction. You must inform of any risk to the buyer. You agree that all the information you give to our viewers is accurate.
The Artist may decline to despatch any order or potential order for any art work whereupon the Artist shall give notice to the Gallery to such effect within a reasonable period.
You are responsible for the content you upload to our web site. We at our discretion reserve the right to remove any content we fin unsuitable and to terminate your account without warning at any time.
You have the right to sell your artwork independently of the art gallery but whilst you are using our site as an advertising platform for your art you are not allowed to promote any contact details on your profile nor any other pages within our web site.
Listening Pond may amend these terms and conditions at any time.
In the event that the buyer has any right, claim or action against the artist you agree to release Listening Pond from all claims, liability, damages, losses, costs and expenses.
Also we have no liability of any sort for the acts or omissions of other providers of internet services or for faults in or failures of their networks and equipment.
The Artist reserves all rights protected under English copyright legislation in all Works of Art purchased by the buyer.The sale of the underlying work does not include the sale of rights to reproduction in any form unless specifically granted in writing by the artist. Copyright sales are wholly the Artist’s privilege and an entirely separate transaction and not part of the underlying sale of the of the artwork.
All intellectual property contained on the Web site including design, text, graphics, the selection and arrangement of these, underlying source code and all other material on this Web site are to remain the property of the Gallery.
Images of the Art work granted by the Artist to the Gallery are for the purposes of advertisement for sale. These images may only be copied or saved, or otherwise reproduced, from the Gallery’s web site for the buyers consideration to purchase. Copying, saving or otherwise reproducing these images for any other purpose is strictly prohibited.
This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. The laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported.