INTRODUCTION
This SCOTSY agreement contains the Scotland Artist seller terms and conditions that govern all sellers, artists, and outlets with regard to making use of our services through a seller account or accounts. By registering through our Registration page as a seller and/or using our online store services, you on behalf of yourself or the business you represent, agree to comply with the terms of this agreement.
WHO WE ARE
SCOTSY also referred to in this agreement as ‘we’, ‘us’, and ‘our’, is a Scottish online, artist gallery. It is a buying and selling platform with the objective of connecting buyers and Scotland-associated artist sellers and is operated by SCOTSYLTD, a Scottish business, and owner of associated websites; known as scotsy.com and scotsycourses.com. Also, we are based near Edinburgh in Scotland.
SCOTSY AIMS
SCOTSY aims to provide Scotland-associated artists, with their own online presence and get their work promoted to a targeted audience. Our target audience is potential customers both in the UK and Worldwide. It is especially, those customers who want to buy direct from the Scotland artists and support them. In addition, it includes people who love Scotland and people in Scotland.
ARTIST SELLER ELIGIBILITY AND CONDITIONS
Scotland-Association
Scotland Artist sellers must be one or more of the following:
– born in Scotland
– live in Scotland
– educated in Scotland
– produce Scotland-themed artwork.
– have a Scotland association such as a family connection, which SCOTSY agrees as being a suitably acceptable connection solely at SCOTSY’s discretion.
Practicing Professional Scotland Artist
Artist sellers should consider themselves Professional Practising Scotland Artists. This is likely to mean that you are creating art for sale to the public directly or through galleries, fairs, etc. Education might be a formal art qualification, part-time study, or self-taught. You might, in addition, have exhibited at exhibitions, entered competitions, or have a history of sales. Alternatively, others may have suggested to you sell your artwork to the public.
More about Scotland Artist Seller Conditions
You can sell on our platform, in addition to using your own website or other methods, to procure extra sales. However, sale prices on other sales channels should either be the same and in no circumstances, lower than those submitted to Scotsy. Failure to adhere to the latter will result in your Scotsy subscription and account being closed, and solely at the discretion of Scotsy admin.
Notably, please avoid where at all possible, ‘duplicate content. The latter has implications for your SEO. (See below and in the knowledgebase item on SEO)
With regard to selling the exact same item on different websites, it can be very detrimental to SEO if the Title, Meta Description, and Art Description are the same or similar. This is regarded as ‘duplicate content’ by Search Engines such as Google etc., which can be penalized. We would therefore strongly encourage you to use unique content on your various website sales channels. Also, where possible, you will benefit if you can list products that are unique to SCOTSY only.
As mentioned, the sales price on SCOTSY must be in line with your other channels. Also, it is not permissible for you to direct your SCOTSY audience, to purchase at your website or another alternative outlet for the purpose of offering a discount, so as to avoid the SCOTSY commission.
In addition, we would encourage you to promote your own SCOTSY store using social media and alternatives and we would embolden you, to boost the SCOTSY art website, in general.
FEES, COMMISSION, AND SUBSCRIPTION TERMS
General Conditions
SCOTSY uses a subscription model with various subscription plans. Each plan has differing fees, commission rates, and terms, in accordance with the plan types. You can view the current plans and rates in the table, on the Artist Membership Page.
In addition to the plans on the Artist Membership table, unique plans, with differing conditions can be offered to particular artists at SCOTSY’s discretion.
On sign-up, when a vendor seller is approved, they will receive a summary of their plan in their Welcome to the Store’, email.
Updates to Fees, Commission, Subscription Plans, etc.
SCOTSY reserves the right to amend and update plan subscriptions, plan commission rates and plan conditions at any time, solely at our discretion. Artists will be informed of any changes through the Scotsy Artist Dashboard, notifications system, and by a posting in the Facebook Artists private group. Implementation will normally take place as soon as the notification is released. Changes to subscription rates will then apply at the next subscription renewal date and commission rate changes will apply to all sales, immediately following the rate change implementation. (You do have the option to close your plan at any time if you are dissatisfied with the updates not being to your liking).
Discounts
From time to time. Scotsy admin may offer discount coupons that could be applied to all artists’ work up to a maximum of 15%. An example would be, offering a 10% coupon that applies to a customer’s first purchase only, within a set timeframe. It could also be conditional on that buyer signing up for our newsletter. The arrangements would be determined at Scotsy admin’s own discretion.
Notably, individual artist sellers on Scotsy are able to offer coupon promotions on their own works, through their dashboard. If that was the case the Scotsy admin discount could not be applied to the said Artist discounted items.
All Artist sellers joining Scotsy, are required to agree to accept such discounts on the selling price.
STRIPE
We use STRIPE as our payment processor, which is free to sign-up. They provide a platform that vendor Artist sellers can easily access, it has comprehensive information on transactions and their rates are very competitive. (Note, click on the Stripe gear Icon button, on the top right, to access all the settings you need to use).
It should be noted, that the payment processor STRIPE, charges artist vendor sellers a payment processing charge directly. The system used is ‘STRIPE split-pay’. The main ‘split’ of the artwork purchase price, less the STRIPE fee, goes to you as the Artist vendor seller, into your STRIPE account. Then, the other ‘split’, which is SCOTSY’s commission goes to the SCOTSY STRIPE account.
REGISTRATION.
By registering with SCOTSY as a vendor/Scotland artist seller, you confirm you are over 18 years old and able to form legally binding contracts. If you are registering as a business, you confirm that you have the authority to legally bind that business.
As part of the registration, you must provide ScotsyArt with your legal name or your business’s legal name. Also your, email address, postal address, company registration number if applicable, and a VAT number if applicable, as well as any other information we may request. To complete the registration, you need to verify your email address in your seller account.
Any personal data you provide to us will be handled in accordance with our Privacy Policy /privacy-policy/
SELLER APPROVAL
All SCOTSY Scotland artist sellers on registering need to be approved by SCOTSY admin before they can access their seller dashboard to list products. Following registration, we will review your profile information and we may ask you to email three images of your work.
As previously mentioned, sellers must be Scottish, have a Scotland association, or produce Scotland-themed artwork.
The approval or denial of a seller account is made solely at our discretion.
USING SCOTSY
SCOTSY does not stock any of the artwork items listed or sold on the website. The sales contract is solely between the buyer and you as the Scotland artist seller. (Exception to the statement on stock held, however, is our own store and Artists store at https://scotsy.com/artist/david-j-anderson/).
Monitoring individual listings by SCOTSY, is not always possible. We are not able to review all content provided by an artist seller or outlet before it goes live. As the seller, your entered product listing content and artist/seller information that is subsequently displayed to buyers and the SCOTSY audience is your responsibility. Notably, you are requested not to post, list, or upload false, misleading, or defamatory content, and that applies to your personal and business information.
Delivery of your sold items through the website is also the seller’s responsibility. It includes; a safe and undamaged supply of your goods and services in accordance with your store’s delivery terms, this agreement, and laws and regulations that are applicable.
Also, by using our site you provide us with your permission to re-use, edit, modify, re-purpose and re-publish your content. However, you retain rights over the copyright of all such content but provide us with permission to use this content both on and offline in perpetuity. This is required for us to reproduce your content for the purposes of marketing the service and your items or services. You guarantee that you have the right to make content available to SCOTSY and it is not defamatory and does not infringe the law. You indemnify SCOTSY against all legal fees, damages, and other expenses that may be incurred by us as a result of your breach of the above warranty.
ART PRODUCTS
As a SCOTSY seller, it is not permissible for you to sell counterfeit artwork on our website or any other items that infringe the copyright, trademark, or other rights that belong to third parties.
All product and service information that is listed must remain accurate and complete.
All your products and packaging must comply with applicable legislation.
All your products must not contain sexually explicit, defamatory, or obscene materials and must not contain products that were produced, manufactured, assembled, or packaged by forced child labor.
Scotland Artist sellers and outlets must also have full rights to any images included in your product listings, which enables you to use them and for you to give SCOTSY permission to use them without infringing any third party’s rights.
ART PRODUCT DELIVERY AND COSTS
As a SCOTSY Scotland Artist seller, it is your responsibility to ensure your listings include the cost of the item(s) plus any delivery costs.
Shipping recommendations to consider
Having the UK delivery prices included within the product price has the advantage that it simplifies your shipping setup, and you can market the item effectively by having FREE UK delivery.
Please note, that we have included two shipping zones for the UK, and each needs to be set up with your charges.
The zones are the UK excluding Highlands and Islands and, a separate zone for the ‘Scottish Highlands N Ireland, Isle of Man & Channel Islands.
Shipping Zones available on the SCOTSY website
The Shipping Zones mentioned below refer to the Geographical areas where your artwork is to be sent when you make a sale. It could be your customer’s address or alternatively, a different address if say the item was being delivered to someone directly as a gift, etc.
In other words, the shipping charges need to be set to the destination address and not necessarily the customers’ address. It is, therefore, necessary for you to set up your costs for the shipping zones that you might use correctly. SCOTSY shopping cart will then do the calculations necessary to ensure an accurate charge etc.
Delivery charges on SCOTSY can be added separately in accordance with the following geographical shipping zones:
- UK (excluding Highlands & Islands)
- Scottish Highlands and Islands, Northern Ireland, Isle of Man, and the Channel Islands
- Europe
- US
- Other Rest of the World locations, which are not covered by 1 – 4.
Shipping, Artist responsibilities
You agree to ensure delivery times, delivery methods for your products, and delivery information are accurate and up to date.
Also, you as the seller are responsible for the safe and undamaged supply and delivery of your products, in line with your delivery terms and this agreement.
ARTIST REFUND POLICY
Artists are required to ensure they take full responsibility for complying with UK distance selling legislation.
As part of this Artists must complete Return Policy details for their shop. This is required to be in line with UK law on product returns and they must enter their own contact information as appropriate. Please refer to the settings for the “Setting up of your Shop” requirement: Log in and go to Dashboard > Settings > Store Policies.
VAT AND TAXES
All website product prices displayed are to be inclusive of VAT, if applicable.
Also, you are required to provide us with your VAT number if applicable, before you start selling on SCOTSY or within 7 days of becoming VAT registered. If you are VAT registered, then you must supply your customers with a VAT receipt when requested.
All VAT and other taxes related to your sales on SCOTSY are your responsibility (including and not limited to: penalties, fines, charges, or late payment interest).
Under Scottish law, you shall pay to us as a debt on demand, all costs incurred by us, including but not limited to tax, penalties, and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest.
ORDERS AND SALES EARNINGS
A confirmation email will be sent to your SCOTSY Scotland Artist seller account email address for each transaction relating to the sale of one or more items from your listings. All relevant order information will also be stored in your seller account, which you can access through your seller account dashboard.
Your sales earnings through the SCOTSY website will be credited to your seller account and made payable via your STRIPE account automatically after 14 days. Sales earnings are the proceeds of a sales transaction minus our commission and Card Payment Transaction Charges incurred.
ARTIST SELLER PAYMENT METHODS
SCOTSY only uses the STRIPE payment processor.
RETURNS AND REFUNDS
Returns policy and preferences need to be included in your SCOTSY Scottish Artist seller terms and conditions in your seller account. You must comply with all applicable laws relating to online trading, including but not limited to the Consumer Rights Act 2015.
As the seller, you agree to refund the buyer if a sales transaction is cancelled by you or the buyer before shipping. Also, when a product is returned in accordance with your returns policy and/or the buyer’s consumer rights.
If a buyer returns an item because it does not match the product description or is damaged or faulty in some way, sellers will be responsible for the return postage costs in addition to the purchase price. However, it is permissible to agree with the buyer, to supply a replacement or a suitable substitute, as an alternative course of action with recompense for returns cost, as necessary.
In order to refund the buyer, you authorize Scotsy to refund the buyer, the relevant amount. You agree to reimburse Scotsy should payment of the related sales earnings amount, have already been made to you.
SCOTSY reserves the right to deduct the refund amount or part of the refund amount from related or unrelated, outstanding sales earnings.
CORRECTING MISTAKES WITH PAYMENTS
SCOTSY reserves the right to fix any processing errors we discover. We will correct the errors by debiting or crediting the payment method used for the refund or reimbursement. You agree to reimburse Scotsy any payments made to you due to a processing or admin error.
DISPUTES
SCOTSY cannot guarantee the existence, quality, safety, or legality of the items listed, the ability of Scottish artist sellers to sell items; or that a buyer or seller will actually complete a transaction or return an item.
While SCOTSY may help facilitate the resolution of disputes, we are not responsible for resolving disputes, nor are we responsible for your actions or inactions or actions or inactions of other users. If you have a dispute with one or more users, you release us and our representatives, directors, employees, and agents, from; claims, demands, and actual and consequential damages. It includes damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
REVIEW RATINGS
Scotsy may use mechanisms that rate or allow shoppers and buyers to rate your products and/or your performance as a Scotland artist seller and we may make these ratings and feedback publically available.
DATA PROTECTION (GDPR)
Both SCOTSY and you as a Scottish Artist seller shall process personal data received in connection with using the SCOTSY website, each as a separate and independent controller. As separate and independent controllers, both you and we shall be individually and separately responsible for complying with the obligations that apply to a controller under applicable data protection laws, including but not limited to the General Data Protection (GDPR).
LIABILITY
All at SCOTSY, try to keep the SCOTSY website and its services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services.
Whilst SCOTSY uses techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. We cannot ensure the accuracy or truthfulness of users’ purported identities or the validity of the information they provide to us or post on the ScotsyArt site.
As the Scottish artist seller or outlet, you accept sole responsibility for the legality of your actions and the legality of any items or services you list on our website.
Under no circumstances will SCOTSY be liable to you or third parties, for any loss of data, loss of profit or anticipated profit, loss of goodwill or injury to reputation, or any indirect or consequential damages arising from the use of Scotsy, regardless of the form or action. Nothing in this agreement seeks to limit or exclude consumers’ legal rights.
GENERAL
SCOTSY retains the right to terminate or change the service for any reason at any time.
We may also transfer our obligations and rights under this agreement to another or third party. Should this occur, you will be informed by us. Your rights under this agreement will not be affected and our obligations will be transferred to the third party who will remain bound by them.
Scotland Artist sellers and outlets may only transfer their seller account to another party with our specific authorization.
If any of the provisions of this agreement are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that provision, or those provisions, shall
Be deemed severed from the remainder of this agreement. The remainder of this agreement will be valid and enforceable.
No failure or delay by SCOTSY in exercising any of our rights under this agreement means that we have waived that right, and no waiver by SCOTSY of a breach of any provision of this agreement means that we wave any subsequent breach of the same or any other provision.
SCOTSY may amend this agreement at any time by posting the amended agreement on the scotsy.com website. Please review the terms of this agreement regularly to ensure you are aware of any changes made by us. Your continued use of the SCOTSY website and your seller pages after changes have been posted means you agree to be legally bound by this agreement as updated and amended.
Regarding the changed policies posted on the SCOTSY website which occur from time to time, the amendments will take effect when we post them on the site.
TERM OF THE AGREEMENT AND TERMINATION
This agreement will start on the date of your completed registration for a SCOTSY Scottish Artist seller account and continue until terminated by us or you as below.
You may at any time terminate your use of SCOTSY website provisions immediately on notice to us via email, the website’s contact us form, or similar means.
SCOTSY may cancel unconfirmed accounts or accounts that have been inactive for a lengthy period or modify or discontinue our services.
Moreover, we reserve the right to cancel or switch your Scotland Artist account to inactive status and terminate our services for any reason and for any period of time, at our sole discretion. When and if this agreement is terminated, all related rights and obligations under this agreement immediately discontinue, except you will remain responsible for performing all of your obligations in connection with transactions entered into before the termination.