Artist Terms & Conditions

These terms and conditions form an agreement between you and Peer Towers trading as Fruits Ablaze Art, the supplier of the Service. Please note that your statutory rights are not affected.

We are: Peer Towers trading as Fruits Ablaze Art with its offices located at Queen Hoo Lane Hertfordshire AL60LW, United Kingdom.

You are: a user of our Services.

1. Definitions

“Artwork/Artworks” means artwork, poet artwork, including but not limited to poetry 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.

“Site/Sites” means web site www.fruitsablazeart.com any other sites owned and controlled by Us.

“Us/Our/We” means Peer Towers trading as Fruits Ablaze Art.

“You/Yours” etc. means you, a user of our services.

2. Acceptance of Artist

a) 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.

b) You warrant that all information supplied to Us is accurate, and up to date.

c) You agree to have Your artworks and descriptive information displayed on the Site.

d) You agree to 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.

3. Acceptance of Artworks

a) We reserve the right to accept or decline Your application to market any Artwork through Us for any reason.

b) If a sale of Your Artwork is made you are entering into a legally binding contract with Us to complete the sale and despatch the Artwork in the agreed time. For the avoidance of doubt, should an offer be made to purchase your Artwork, we will communicate the offer to you, and you have 24 hours to accept and facilitate, or reject the sale of the Artwork. 

4. Administration Fee

a) You agree to pay Us an annual Administration Fee as determined by Us, upon acceptance of Your application. 

b) If We do not sell any of Your Artwork in the 12 months proceeding payment of the Administration Fee, we agree to waive the Administration Fee in the following year. 

c) Should the parties terminate their engagement at any time during the 12-month period to which the Administration Fee applies, We agree to refund you (on a pro rata basis) for that year. 

5. Non-exclusivity

a) You may market Your Artwork through other channels simultaneously with marketing through Us, provided:

a.i) this does not affect Your ability to deliver the Artwork to the Customer within the specified time.

a.ii) You do not offer Your Artwork at a price lower than the price which You are offering it through Us; and

a.iii) If the Artwork is sold through another channel You will immediately inform Us so that it can be removed from sale on the Site.

6. Your Warranties

a) Your Work is your original artistic work, it has not been copied from any other work and does not contain any copies, reproductions, adaptations or versions of a third partys work and it does not otherwise infringe or violate any persons copyright, design right, trade mark or confidential information. You warrant the Work is Yours to sell and that you have control of the original version of Your Work. 

b) You are the sole owner of all rights, title and interest in the copyright in Your Work. You have not granted any licences to third parties to exploit Your Work (except rights which have now lapsed).

c) Your Work does not contain anything which is or would be (if Your Work is published) in breach of applicable laws or infringes any third party rights. 

7. Images for Illustrative purposes

Upon request, you agree to provide us with a minimum of three (3) high quality digital images (Images) of each Artwork that you agree to sell through us. You agree that the Images will be provided to Us in the format requested. For the avoidance of doubt, you agree to provide Us with Images as requested in writing from us.

8. Pricing and particulars of Artwork

a) You will choose the normal price which the Artwork should be sold for (Sale Price). 

b) The Sale Price must be inclusive of VAT (if applicable) and Your delivery and insurance costs and Our commission. Our commission rate will be 20% for work marketed and sold on our Site. 

c) In consultation with you, we may from time to time, agree to discount work. All artists are required to agree to accept such discounts as recommended by Us on the selling price of the Artwork.

d) Once accepted You agree to sell the Artwork at the agreed price, inclusive of all costs as specified at clause 7(b).

9. Delivery, packaging and insurance

a) You are responsible and liable for costs of all materials, packaging, delivery and insurance costs. These costs cannot be reclaimed from Us under any circumstances and should be taken into account when pricing Your Artworks.

b) You will ensure that Artworks are securely packaged, labelled and adequately insured for safe delivery to the customer.

c) You will package and arrange delivery of Artworks to the customer within a maximum of 14 business days of receiving the order.

d) As recommended by Us, You will engage a reputable courier company to deliver the Artworks to the customer.

e) Should You become aware of any reason why an Artwork that has been ordered from You may not be received by the Customer within 14 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.

10. Returns and damaged goods

a) In the event of the Artwork arriving damaged with the Customer, You will be liable for the costs of retrieving the Artwork.

b) You will claim any costs in retrieving the Artwork through the insurance cover provided by Your chosen courier. We will not accept claims for reimbursement in the event of damage to Artworks under any circumstances.

c) You accept that if You have not taken adequate insurance, You will be liable for the costs of retrieving the Artwork.

d) You accept that the Customer may return the Artwork(s) within 14 days of receipt, and this will constitute cancellation of the order. We will not accept liability for Your delivery expenses in this instance.

11. Payment for Artworks

a) Should Your Artwork(s) be sold, We will pay to You 80% of the sale price within 14 days of receipt of funds and subject to us receiving confirmation of delivery of the Artwork(s) to the customer.

b) Payment will be made by bank transfer, Stripe, Paypal, or as otherwise agreed to in writing between the parties.

12. Ownership of Customer relationship

a) 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. 

b) In the event of a return or damaged goods claim, we will release Your details to the customer.

13. General

a) You grant us a perpetual and irrevocable licence to use photographs of your Artwork on the Website and in any marketing materials, including on any websites, social media, in any advertising campaigns, online or offline, exhibits, at any time.

b) You agree to defend, indemnify, and hold harmless Us, employees, agents, and third parties, from your use of the service, including any violation of these rules.

c) 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.

d) Nothing in these terms shall create, or be deemed to create, a partnership or joint venture between you and Us. Except as expressly provided herein, these terms shall not be construed as giving rise to the relationship of principal and agent or to any authority by you to represent or act on our behalf.

e) This Agreement is entered into in England and shall be governed by, and shall be construed in accordance with, English law. The courts of England 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.

f) We reserve the right to change the artist’s terms and conditions, as necessary to support our business objectives, by giving a minimum of 28 days’ notice in writing.

g) Using the service constitutes acceptance of these rules.