TERMS AND CONDITIONS

The Terms of the Agreement

Welcome to the Place to Be gallery. These Terms and Conditions (“Terms”) between you, the artist and/or designer (“Seller”, “you”, “your”) and The Place to be Gallery Limited, PopHub Leicester Square, Floors 1 & 2, 41 Whitcomb Street, London WC2H 7DT, England (“ The Place to be Gallery”, “we”, “us”, “our”) govern your use of our website and services (www.theplacetobegallery.com). By using the website you agree to these terms. Please read these terms carefully and contact us if you have any questions. To join us as a seller you must receive an invitation from our team or fill out the application forms on the website. Once you have completed the application form and received the acceptance email from The Place to be Gallery, you will become a Place to be Gallery seller. The Place to Be Gallery creates 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 remain accurate and complete. The Place to Be Gallery reserves the right to suspend or terminate a user’s account if the information provided by the user is found to be inaccurate or incomplete. We may change the Terms from time to time. The provisions contained herein supersede any prior communications or representations related to our Terms. We encourage you to check our website for the current applicable terms and any changes we have made. By continuing to use the Site following any changes to the Terms, you agree to be bound by those changes. The Place to Be Gallery displays and sells art/craft/sculpture/gaming/design (“Products”) submitted by the Seller online and offline. The seller wants to offer and sell his/her products through the website and offline; Therefore, The Place to be Gallery and the seller (“Parties”) agree as follows:

Agency

The seller commissions The Place to be Gallery to present and sell its products on its website and as part of offline consulting projects. The Place to be Gallery is an independent contractor and no agency, partnership or joint venture relationship exists between the parties.

Prices and Sales

The Place to be Gallery sells the products at the agreed retail price. The sales price includes the commission of the Place to Be Gallery. You represent and warrant that there is no difference between the price displayed in The Place to be Gallery and the price at which you sell the Product in your studio or through any other online gallery or platform. The Place to be Gallery reserves the right to withdraw the products if they are found to have been published elsewhere at a different price. It is your responsibility to update The Place to be gallery if the prices of the products change since they were first sold. If the product is sold at the stated price, it is the seller’s responsibility to give credit for the sale at the stated price.

List of Products on the Site

You may email Products to The Place to be Gallery for display on the Site from your registered email account with The Place to be Gallery. Products are classified as painting, photography, drawing, digital art, NFT’S, sculpture or gaming. In order for your entries to be successfully submitted for review, you must complete all required fields in the form and ensure that all entries are correct and complete. The information provided, including the condition of the product for shipment, must be retained in the event of a sale. After acceptance, you will receive a confirmation email. The Place to be Gallery reserves the right to change any information to align with our policies. If you are selling a product that is listed on a website outside of The Place to be Gallery, from your physical studio, through your own gallery or any other online platform, you must email The Place to be Gallery as soon as possible and update. The Place to be Gallery is not responsible for failure to update The Place to be Gallery resulting in duplicate sales. In the event of a double sale, Seller will endeavour to provide a replacement product that can be offered to the customer at the same price as the product purchased. If you would like to remove a product for any other reason, you can do so by emailing a request to The Place to be Gallery.

Offline Sales

Offline sales include all sales and products ordered resulting from (i) introduction through The Place to be Gallery, even if the seller and customer choose to negotiate with each other, and (ii) if The Place to be Gallery sells a product that the seller has authorized The Place to be Gallery for sale without listing it on our website. In the case of (i), payment of the fee to The Place to be Gallery is due upon Seller’s receipt of payment.

Product Liability

You acknowledge and agree that you are solely responsible for the products that you make available through our website. You represent and warrant that (i) you are authorized to sell the Products, (ii) the Products are authentic and you are the sole owner of the Products, (iii) the Products that you make available through the Website, do not infringe any third party’s intellectual property rights or violate any applicable law, (iv) the Products will be shipped as described on the Website.

Shipping

The sellers undertake to organize door-to-door delivery of the product in the event of a sale. Resellers must email the gallery with the time and date. If it takes more than three (3) business days to organize the shipment of the products, The Place to be Gallery will also be informed of this so that they can inform the customer immediately in the event of a sale. If no time and date is provided, Sellers agree to arrange for shipment within three (3) business days of Order Confirmation after The Place to be Gallery has completed the status verification process. Tracking/Shipping information should be emailed to The Place to be Gallery immediately after the product is shipped. Check out our shipping guide. The seller ships the products directly to the customer and provides shipping insurance for the full value of the product with a trusted insurer. To avoid damage to the products during transit, the seller will use a professional art handler or a recognized international courier (e.g. DHL, UPS, FedEx). The seller agrees to pay the shipping costs in advance when preparing to ship the product. The Place to be Gallery will reimburse the seller for all shipping and payment costs for the product. Once shipping has been arranged, sellers will email the tracking information, label and receipt to The Place to be Gallery as soon as possible. Sellers must quote shipping costs in GBP as stated on their shipping confirmation. Shipping costs, insurance costs, applicable taxes and duties and other administrative costs incurred in connection with the delivery of the Products by the Seller to the Customer are the responsibility of the Customer. The costs of packaging and the risk of loss or deterioration incurred in delivering the products to the customer are borne by the seller. The Place to be Gallery is at your disposal, at the request of the seller or the customer, to provide reasonable assistance in the event of an arbitration or dispute.

Payment and Return Policy

Customers pay The Place to be Gallery directly for the products. After The Place to be Gallery receives payment from the customer, the seller will be asked to prepare the products for shipment. Once the customer receives the product in good condition, The Place to be Gallery will notify the seller of the applicable invoice amount for the product minus The Place to be Gallery commission. Payment for the product (excluding commission) and related shipping costs will be transferred to the seller’s bank account within thirty (30) days from the date of shipment and approval of the invoice, and after receipt of the product in good condition by the customer. The seller declares and agrees that all transaction fees are the responsibility of the seller. The invoice is payable to The Place to be Gallery Ltd. All payments are made in GBP (Pounds Sterling). All sales are final unless products are delivered faulty or damaged. The seller will be immediately informed of the receipt of the product in an unsatisfactory condition and undertakes to take measures to rectify the problem.

Status Check

Once the customer confirms the purchase, the sellers will receive an email notification that the order has arrived. Sellers agree to follow our process of checking the condition of the product before and after packaging. This status verification process must be completed before the product is shipped to the customer. See our guidelines for more details on the condition check process.

The Place to be Gallery Commission

The Place to be Gallery does not charge for the exhibition. The commission is calculated as a flat rate for online and offline sales via the platform (“Commission”), depending on the product category:

Painting: 10%

Photography: 10%

Drawing: 10%

Digital Art: 10%

NFT’S: 10%

Sculpture: 10%

Limited Edition Prints: 10%

Premium Art: 10%

Exclusivity

Exclusivity is optional when listing products for sale on our site. If you choose to offer products on a non-exclusive basis, you must ensure that there are no price differences between the prices listed on The Place to be Gallery and other online platforms, and timely update the product status when the product goes on sale beyond that outside of the platform of The Place to be Gallery. If your products are not sold on other online platforms, we recommend that you only list the products on our website (i.e. the platforms and your collectors know where to find your products online). Sellers are asked to mark each product on our website as “Exclusive to The Place to be Gallery”.

Operating Restriction

If the customer contacts the seller after viewing the product on the website, the seller will not sell the product independently of The Place to be Gallery. The seller must immediately notify The Place to be Gallery of their involvement in the transaction.

Cross Promotion

The Place to be Gallery shall insert the seller’s profile on the website. The seller will endeavour to post a positive mention and/or link to The Place to Be Gallery on their social media and website (if any). The Place to be gallery will be notified when these online promotions are active.

Framing and Crafting

Most of the prices on our website are without a frame. Please email The Place to be Gallery if products are framed. If your product requires packaging for shipping, please email The Place to be Gallery so the customer can be informed of the potential additional shipping costs.

Loss or Damage

Sellers who arrange for their products to be shipped are solely responsible for any loss or damage to the products until the products are delivered to the customer. In the event of loss or damage, The Place to be Gallery will provide assistance and arbitration where necessary, but the seller agrees to provide a full refund or replace the item (where possible), unless otherwise agreed.

Changes/Corrections

Any changes to the seller’s information, biography, price or availability of the products must be notified to The Place to be Gallery by email. These changes should be made as soon as possible. The Place to be Gallery is not responsible for any problems resulting from the premature implementation of such changes.

Deadlines

The terms apply from the date of its acceptance by the seller. The Terms will remain in effect until either party expresses its desire to terminate the Terms by giving 30 days written notice.

Curation

The Place to be Gallery reserves the right to choose the products that appear on the website.

Limitation of Liability

You acknowledge and accept that, to the fullest extent permitted by law, all risks arising from accessing and using the Website remain with you. Neither The Place to be Gallery nor any other party involved in creating, producing or delivering the Website shall be liable for any incidental, special, exemplary or consequential damages, including loss of profits, loss of data or reputation, interruption of service, damage or system failure or costs of replacing any product or service, or for damages related to bodily injury or personal injury, or emotional distress, arising out of or in connection with these Terms or the use of, or inability to use, the Site or any communication, interaction or Encounters with other users of the Site or other individuals with whom you communicate or interact as a result of using the Site, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not The Place to be Gallery has been informed of the possibility of such damages, even if the limited remedy set forth herein is found to have failed of its essential purpose. In no event shall The Place to be Gallery’s aggregate liability arising out of or in connection with these Terms and Conditions or the use or inability to use the Website exceed the total amount of payments made or credited to The Place to be Gallery for the sale of your products within three (3) months prior to the date of the claim for liability under these Terms and Conditions. The limitations on damages are integral parts of the contractual basis between The Place to Be Gallery and you.

Indemnity

Seller agrees to defend, indemnify and hold The Place to be Gallery and its consignor, their respective officers, directors, employees and agents harmless from and against any and all claims, liabilities, damages, losses and expenses, including but not limited to reasonable legal and accounting costs arising out of, or in any way related to your use of the Site or Account, or your breach of these Terms.

Harassment

We pride ourselves on our customer service and our top priority is the satisfaction of our buyers and sellers. Sellers undertake not to intentionally cause annoyance, inconvenience or inconvenience to any employee of The Place to be Gallery. Harassment includes any unwanted behavior (physical, verbal or non-verbal, online or offline) based on an individual’s protected status that creates an intimidating, hostile, or offensive environment. We reserve the right to restrict and/or refuse seller’s use of theplacetobegallery.com; delete/terminate your merchant account, profile and products; and restrict and/or block the seller’s ability to create an account with The Place to be Gallery if 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 Place to be Gallery.

Other Claims

The seller agrees that they have no right and shall not seek any additional right, benefit, payment or remedy, including but not limited to claims for costs, benefits, damages, interest, attorneys’ fees and the costs of the products, excluding The Place to Be Gallery’s Commission, and expressly waives any right to additional rights, benefits, payments or compensation. The seller further acknowledges that The Place to be Gallery enters into this Agreement without liability of any kind and agrees not to defame, disparage, or make false or fraudulent allegations against The Place to be Gallery to the fullest extent permitted by law to be raised in the press, from employees, customers, investors or others.

Slander

The Seller agrees that in the event of a defamation claim relating to material intended to defame The Place to be Gallery at the time of publication, it is not necessary for The Place to be Gallery to claim or prove any specific damage, whether it is or not words are pronounced on The Place to be Gallery based on their office, profession, calling, profession or business. (i) For the purposes of the Defamation and Slander Act, the dissemination of utterances (publication for general reception) by telecommunications is considered publication in durable form. Means of telecommunication include, but are not limited to, any communication via online (digital) and/or offline (non-digital) media. (ii) In any claim alleging defamation of The Place to be Gallery’s title, defamation of products, or other willful misrepresentation, The Place to be Gallery shall have no obligation 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 Place to be Gallery and are published in writing or other permanent forms; or
(b) if the said words are calculated to cause pecuniary damage to The Place to be Gallery in respect of any office, profession, calling, trade or business held or carried on by The Place to be Gallery 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 General Terms and Conditions supersede all previous agreements between the Seller and The Place to be Gallery relating to the matters governed herein and constitute the entire agreement between the parties in relation thereto.

Law and Jurisdiction

The interpretation, validity and execution of these Terms shall be governed in all respects by the laws of the United Kingdom.