This agreement is entered into, by and between Wendy Eriksson trading as Rtzee, referred to herein as the “Gallery” and the individual when signing up as a Member of Rtzee referred to herein as the “Artist”.

  1. Agency; Purposes. The Artist appoints the Gallery as agent for the works of art (“Artworks”) consigned under this Agreement, for the purposes of online display and sale on a non-exclusive basis. The Gallery shall not permit the Artworks to be used for any other purposes without the written consent of the Artist. This agreement applies only to works consigned under this Agreement and does not make the Gallery a general agent for any other works.
  2. Consignment. The Artist hereby consigns to the Gallery, and the Gallery accepts on consignment, those Artworks listed at not less than £45 each, submitted for electronic format inclusion in the rtzee.com website gallery.
  3. Warranty. The Artist hereby warrants that he/she created and possesses unencumbered title to the Artworks, and that their descriptions are true and accurate. All Artworks are signed by the Artist.
  4. Duration of Consignment. The Artist and the Gallery agree that the term of consignment for the Artworks will remain in force until the Artist removes Artworks from the Gallery or requests Rtzee to do so on the Artist’s behalf.
  5. Direct Sales. It is the Artist’s responsibility to notify the Gallery by email info@rtzee within two business days of any direct sales that the Artist may make of any Artwork that is listed on the on-line gallery or the Artist must remove the sold Artwork via their login on the rtzee.com website.
  6. Transportation Responsibilities. Packing costs, materials and other handling costs in delivering the Artwork/s to the Gallery’s nominated pickup location is the responsibility of the Artist. Shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from the Artist to the Purchaser are the responsibility of the Gallery.
  7. Direct Shipping Transportation Responsibilities. If by agreement between the Gallery and Artist, the Artist is responsible for delivery of the Artwork/s directly to the Purchaser, all packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artwork/s from the Artist to the Purchaser are the responsibility of the Artist. The Gallery requires that the Artwork/s be shipped using a service that provides proof of shipment and proof of delivery.
  8. Fiduciary Responsibilities. Title to each of the Artwork/s remains with the Artist until the Artist has been paid the full amount for the Artwork/s; title then passes directly to the Purchaser.
  9. Satisfaction Guarantee. The Gallery offers Purchasers a Seven Day Satisfaction Guarantee which allows Purchasers to return the Artwork/s in original condition and original packaging within 7 days of receipt. In this instance, the Gallery will be responsible for return shipping charges, insurance costs, handling expenses and risk of loss or damage incurred in the shipping of Artwork/s from the Purchaser to the Artist. If the Purchaser returns the Artwork/s they shall remain the property of the Purchaser until the Gallery has been notified; title then passes to the Artist once the Artwork/s has been collected from the Purchaser.
  10. Notice of Consignment. The Gallery shall give notice, by means of a clear and conspicuous sign in full public view that certain works of art are being sold subject to a contract of consignment.
  11. Pricing; Gallery’s Commission; Terms of Payment. The Gallery shall sell the Artworks only at the Retail Price specified on the rtzee.com website. The Gallery and the Artist agree that the Gallery’s commission is to be 30 percent of the Retail Price of the Artwork. Any change in the Retail Price, or in the Gallery’s commission, must be agreed to in advance by the Artist and the Gallery. Payment to the Artist shall be made by the Gallery within 28 days of the delivery of the artwork. The Gallery assumes full risk for the failure to pay on the part of any Purchaser to whom it has sold an Artwork.
  12. Promotion. The Gallery shall use its best efforts to promote the sale of the Artworks. The Gallery shall identify clearly all Artworks with the Artist’s name.
  13. Reproduction. The Artist reserves all rights to the reproduction of the Artworks except as noted in writing to the contrary. The Artist will not withhold permission for the reproduction of such works for promotional and marketing purposes by Gallery.
  14. Termination of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either the Gallery or the Artist, by removal of Artist content from the rtzee.com website by either party.
  15. Notices and Changes of Address. All notices shall be sent to the Artist at the address specified in this Agreement. Each party agrees to give written notification of any change of address prior to date of said change.
  16. Indemnification. Artist agrees to indemnify Gallery against all costs and expenses (including reasonable legal fees) incurred by Gallery in connections with any claims made against Gallery that the Artwork/s is not an original creation of Artist or infringes upon a third-party’s copyright.
  17. Miscellany. This Agreement represents the entire agreement between the Artist and The Gallery. If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof. This Agreement shall not be assigned, nor shall it inure to the benefit of the successors of the Gallery, whether by operation of law or otherwise, without the prior written consent of the Artist. In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable legal fees in addition to any available remedy.
  18. Governing Law. This Agreement shall be governed by, and shall be construed in accordance with, English law.

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