Terms and Conditions for Buyers
1. These terms
1.1 These are the terms and conditions on which we supply the Artwork to you online.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Artwork to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Interpretations
2.1 The definitions and rules of interpretation in this clause apply in this Agreement.
Artwork: any works of art (including but not limited to Commissioned Artwork) supplied to you by Storyvault Films Ltd.
Commissioned Artwork: physical or digital artwork commissioned in accordance with your instructions and specifications pursuant to clause 4.4.
Delivery: the artwork is delivered to you when you or someone appointed on your behalf signs a proof of delivery notice (or such other delivery notice as deemed sufficient in Storyvault Film’s sole discretion).
Email Address: the email address you have provided to Storyvault Films either via Storyvault Films’ Website, by email, telephone or to the staff at Storyvault Films.
Nominated Location: a delivery location agreed between you and Storyvault Films in writing.
Physical Artwork: the Artwork selected by you and delivered to the Nominated Location in a physical form.
Website Artwork: the digital and physical Artwork as shown on our Website from time to time.
Website: www.storyvaultfilms.tv
2.2 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
2.3 When we use singular words, this includes plural words and when we use plural words this includes singular words.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Information about us and how to contact us
3.1 We are Storyvault Films Limited (“Storyvault Films”) a company registered in England and Wales. Our company registration number is 7309345 and our registered office is at 107A Hammersmith Bridge Road, London, United Kingdom, W6 9DA.
3.2 You can contact us by writing to us at info@storyvault.tv
3.3 If we have to contact you we will do so by telephone or by writing to you at the Email Address or postal address you provided to us in your order for Artwork.
4. New Commissioned Artworks
4.1 Any purchase order or acceptance of a quotation for a new commission made by you will be deemed an offer to purchase the Artwork.
4.2 An offer or acceptance of a quotation for a newly Commissioned Artwork will be deemed a binding agreement of sale.
4.3 If you wish to commission an order for Commissioned Artwork, please complete the Commissioned Artwork form and send it to us by email to info@storyvaultfilms.tv. Once we have received your form we will contact you to discuss your instructions and specifications. Subsequently, Storyvault Films will contact you to confirm whether it can commission the Commissioned Artwork. If Storyvault Films is able to commission the Artwork in accordance with your instructions and specifications, Storyvault Films will send you a written Invoice (it is at this point that you will enter into a binding agreement of sale for the Commissioned Artwork). Please note that in respect of Commissioned Artwork, as it is entirely commissioned to your personal specification, your rights in relation to cancellation once Storyvault Films has accepted your order are limited. You should ensure you are completely satisfied with your instructions and specifications set out on the form before submitting it to us.
4.4 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Artwork. The reason for not accepting your order could be one or more or the following:
4.4.1 your preferred artist is unable or unwilling to accept the commission;
4.4.2 your preferred artist is willing to accept the commission but cannot deliver within your specified time frame.
4.4.3 there are unexpected limits on our resources which we could not reasonably plan for.
5. Artwork for sale
5.1 The images of any Website Artwork are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Website Artwork on your device.
5.2 The packaging of the Physical Artwork may vary from that shown in images on our Website.
5.3 You agree and acknowledge that all specifications and advertising issued by Storyvault Films and any descriptions or illustrations contained in Storyvault Films marketing materials are provided for the sole purpose of giving an approximate idea of any Artwork. Such descriptions do not form a part of these terms and conditions.
6. Delivery
6.1 Unless otherwise agreed by the parties in writing, delivery of the Physical Artwork or physical Commissioned Artwork shall be to your Nominated Location.
6.2 The Physical Artwork or physical Commissioned Artwork may be delivered framed or unframed. The frame will encase the product and is separate from the actual delivery packaging. You acknowledge that the Physical Artwork or physical Commissioned Artwork is unique, rare and of high value and their value can be reduced by mere handling.
6.3 Storyvault Films will use its reasonable endeavours to arrange delivery of the Physical Artwork or physical Commissioned Artwork by the agreed date.
6.4 If no one is available at the Nominated Location to take delivery of the Physical Artwork or physical Commissioned Artwork and it cannot be couriered or delivered by our delivery service to you, it will become your responsibility to arrange collection of the Physical Artwork.
6.5 If after a failed delivery of the Physical Artwork or physical Commissioned Artwork to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 9.2 will apply.
6.6 If the delivery of the Artwork is delayed by an event outside our control, such as a Force Majeure event, we will contact you as soon as reasonably practicable to inform you and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. Other than in relation to Commissioned Artwork, if there is a risk of a delay beyond 60 days from the date of payment of the Invoice or Source Date (whichever is relevant) you may contact us to end the contract and receive a refund for any Artwork you have paid for but not received.
6.7 You agree to inspect the Artwork upon receipt and advise Storyvault Films of any defects immediately. Storyvault Films shall respond to you as soon as reasonably practicable and may propose price reduction or replacement which must be agreed in writing by both parties.
6.8 The risk of loss or damage to the Artwork passes to you upon Delivery.
6.9 You acknowledge and agree that the obligation to insure the Artwork passes to you upon Delivery of the Artwork.
6.10 Where you request in writing that the Artwork be placed directly in the safe custody of another party on your behalf, Delivery shall be deemed to take place on the date the Artwork is transferred into safe custody of the other party.
7. Our rights to end the contract
7.1 Other than in relation to Commissioned Artwork, under the Consumer Contracts Regulations 2013, you have a legal right to change your mind within 7 days of paying for the Artwork. If you contact us within this period we will refund you in full (minus costs of return if applicable). For the avoidance of any doubt, you have no right to cancel an order for Commissioned Artwork.
7.2 In respect of Commissioned Products, as they are made to your individual requirements, you will not be able to cancel your order for Commissioned Artwork once made or partly made
8. How to end the contract with us (Including if you have changed your mind)
8.1 To end the contract with us, please let us know within 7 days of Delivery of the Artwork (except for Commissioned Artwork) by emailing us at info@storyvaultfilms.tv. Please provide your name, home address, details of the order and your phone number and email address.
8.2 In relation to Physical Artwork, if you decide to end the contract with us you must courier it back to the originating artist within 7 days of notifying us that you wish to end the contract with us. In all cases you will be responsible for ensuring the return of the Artwork safely and undamaged. You accept that the cost of packaging and returning the Artwork will be borne by you.
8.3 Other than in relation to Commissioned Artwork, if you are exercising your right to change your mind, your refund will be made within 14 days from the day on which we receive the Physical Artwork back from you.
8.4 In the case of Commissioned Artwork, because each Commissioned Artwork is commissioned entirely to your specific requirements, you will not be able to cancel an order once it has been accepted by Storyvault Films.
9. Our rights to end the contract
9.1 We may end these terms at any time by writing to you if you:
(a) breach any obligation under these terms;
(b) do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(c) do not provide us with information that is necessary for us to provide the Artwork, for example, your address or email address; or
(d) do not allow us to deliver the Artwork to you.
9.2 If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for any Artwork (except for Commissioned Artwork) we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking of the contract.
10. If there is a problem with the Artwork
10.1 If you have any questions or complaints about the Artwork, please contact us by writing to info@storyvault.tv
11. Price and payment
11.1 The purchase price shall be the price offered by Storyvault Films and confirmed to you in the Invoice issued by Storyvault Films.
11.2 The purchase price includes the cost of VAT, sale, use, excise or similar duty which may be applied. Any additional costs or fees (for example packaging or delivery fees), duty or taxes applied will be billed to and paid by you as set out on the Invoice issued by Storyvault Films.
11.3 All payment shall be made in British Pounds Sterling (or other such currency as agreed in writing between you and Storyvault Films from time to time) and the agreed price is due in full at the time the offered price is accepted and confirmed by Invoice, unless agreed otherwise in writing.
11.4 Legal title of the Artwork will not pass to you until the accepted and confirmed price is paid in full by you and received by Storyvault Films in cleared funds and seven days have passed following delivery to you of the Artwork.
11.5 If the rate of VAT changes between your order date and the date we supply the Artwork, we will adjust the rate of VAT that you pay, unless you have already paid for the Artwork in full before the change in the rate of VAT takes effect.
12. Our responsibility for loss or damage suffered by you
12.1 We only supply the Artwork for domestic and private use. If you use the Artwork for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. Communication
13.1 Notices shall be deemed to be received if sent by registered post, on the second day following the day of posting and, if sent by email or facsimile, on day of transmission (if sent before 4:00pm).
14. How we may use your personal information
14.1 We will only use your personal information as set out in our Privacy Policy.
15. Disclaimer
15.1 Storyvault Films is not authorised or regulated by the FCA (Financial Conduct Authority). Works of art are not investments of a specified kind within the scope of the Financial Services and Markets Act 2000, nor are they controlled investments subject to Section 21 of the Financial Services and Market Act 2000 and the Financial Promotion Order. Any and all information provided by Storyvault Films relates to the sale of works of art and their value. Storyvault Films does not deal with “options”, futures or any regulated investments of a specified kind under the Financial Services and Markets Act 2000. No information provided should be deemed to constitute the provision of financial investment or other professional advice subject to regulation under the Financial Services and Market 2000.
15.2 The information and services described in any marketing materials or the Website are not intended to be used by or to be available to persons from outside the United Kingdom.
15.3 The value of the Artwork and the income derived from it may go down as well as up and you may not receive back all the money which you invest.
15.4 The services described or recommended in our marketing materials or on the website may not be suitable for all people. You should seek your own professional advice as to the suitability of any such investment or service before you enter into any transaction.
15.5 Any information relating to past valuation of the Artwork is not necessarily a guide to future performance.
15.6 Fluctuations in the rate of exchange may have an adverse effect on the value, price or income of non-sterling denominated Artwork.
15.7 The information contained in our marketing materials or the Website is not intended to be an offer to buy or sell securities, and our Website should not be regarded as an offer of solicitation to conduct investment business of any investment or activity regulated by the FCA.
16. Copyright and confidentiality
16.1 Copyright, trademarks, database rights and all similar rights in this website and marketing materials are owned by Storyvault Films, its licensors or relevant third party content providers. You may use the information on our Website and reproduce it in hard copy for your personal reference only. Such information may not otherwise be reproduced, distributed, stored in a data retrieval system or transmitted in any form or by any means without the prior written permission of Storyvault Films. Nothing in our marketing materials or on our Website should be considered granting any licence or right under any trademark of Storyvault Films or any third party.
17. Warranties
17.1 Storyvault Films makes no warranties, expressed or implied, except as specifically stated herein. Such warranties are in lieu of all other warranties, written or oral, statutory, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.
18. Other important terms
18.1 Storyvault Films may transfer its rights and obligations under these terms to another organisation.
18.2 You may only transfer your rights or your obligations under these terms to another person if Storyvault Films agrees to this in writing.
18.3 These terms are between you and Storyvault Films. No other person shall have any rights to enforce any of its terms. Neither you nor Storyvault Films will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 Each right or remedy of Storyvault Films under the contract is without prejudice to any other right or remedy of Storyvault Films whether under the contract or not.
18.5 Storyvault Films shall comply with all applicable laws, statutes, regulations and codes applicable and in force at the date of this Agreement.
18.6 Provision of Artwork supplied to you covered by these terms and conditions is contingent upon the non-occurrence of strikes, accidents, delays of carriers, delays of delivery, delay of personnel or other causes unavoidable or beyond the control of Storyvault Films. If performance of this agreement or any obligation under it is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority (including without limitation any regulations or restrictions imposed as a result of any epidemic or pandemic), or by national emergencies, insurrections, riots, wars, supplier failures, shortages, breach, or delays. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
18.7 You hereby agree to indemnify Storyvault Films and undertake to keep Storyvault Films indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Storyvault Films to a third party in settlement of a claim or dispute on the advice of its legal advisers) incurred or suffered arising out of any breach by you of any provision of these terms and conditions.
18.8 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.9 No failure or delay by Storyvault Films to exercise any right, power or remedy will operate as a waiver of it, nor will any partial exercise preclude any further exercise of the same, or of any other right, power or remedy.
18.10 The parties do not intend that any term of these Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party of it.
18.11 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Terms and Conditions for Artists
1. Overview
1.1 What are these Terms about?
These terms and conditions, together with the policies expressly referred to within (Terms) govern how any artwork (Artwork) owned by a person registered with Storyvault Films (Storyvault, we, us, our) under these Terms to sell it (Seller, you, your) may be offered for sale and sold on the website and systems accessible at www.Storyvault.tv (Platform). Any words or expressions used in these Terms that begin with a capital letter which are not otherwise defined where they first appear shall have the meaning given to them in Clause 1.5.
Each contract for the sale of Artworks by you (Contract) shall be concluded in accordance with these Terms and Conditions. When you display Artworks for sale on our Platform you will be offering to sell these directly to a Customer, and you appoint us as your commercial agent to conclude the sale of the Artworks in accordance with the Clause 1.4 of these Terms.
1.2 Our details and how you can contact us
Storyvalt Films Ltd is incorporated in England and Wales with our registered office at 107A Hammersmith Bridge Road, London W6 9DA, United Kingdom. Our registered company number is 7309345.
If you have any questions, concerns or complaints, you can email Storyvault at sellyourart@storyvault.tv.
1.3 What definitions will be used in these Terms?
Please take the time to familiarise yourself with the following expressions, which will be used throughout this document as explained below:
- Gross Sale Proceeds
The monies paid by a Customer to us under the Terms of Use with respect to the sale of an Artwork concluded via the Platform
- Net Sale Proceeds
The monies due to a Seller under these Terms with respect to the sale of an Artwork concluded via the Platform
- Customer
Any person registered with us under the Terms of Use for the purpose of purchasing Artworks on the Platform.
1.4 You appoint us as your commercial agent
You hereby authorise us to act as your non-exclusive commercial agent to promote your Artwork(s) for sale to Customers via the Platform (but we are not obliged to find you Customers), to conclude each Contract for the sale of your Artwork(s) between you and that Customer via the Platform, and to accept payment on your behalf via the Platform. Each such Contract is between you and the Customer only. We are not a party to that Contract and we are neither the buyer nor the seller (or reseller) of the Artwork(s) that you offer for sale. We are not the Customer’s agent for any purpose. You, and not us, are responsible for performing the obligations under the terms of any Contract between you and a Customer. You are the seller of record for all your Contracts, but the Customer pays us via the Platform for the relevant sales. The Customer’s obligation to pay for any Artwork(s) under each Contract with you is satisfied when that Customer properly pays us for the Artwork(s) via the Platform. Because we conclude the sale on your behalf and the Customer’s payment to us satisfies the Customer’s obligation to pay for the Artwork(s), our name will appear on the Customer’s payment card statement. You must dispatch or arrange for the dispatch of the Artwork(s) you have sold after receiving notification from us of the Customer’s order. Customers may only pay for Artwork(s) they purchase via the Platform by making a payment to us and you must not invoice any Customer, or obtain payment, outside the Platform. Any refunds to Customers may only be initiated via the Platform. We may in our sole discretion investigate or decline to process any transaction involving any Artwork(s) purchased via the Platform.
Except as otherwise expressly provided in these Terms, we are not the agent, intermediary or other representative of the Seller. We are not a fiduciary or trustee of the Seller.
Storyvault reserves the right to alter these Terms or other Platform policies at any time, so please review them often to ensure you are aware of any changes. If you do not agree to all the following terms you should not use this Platform.
1.5 By which laws are these Terms governed?
These Terms are governed by the laws of England and you agree to submit to the exclusive jurisdiction of the courts of England and Wales with respect to your relationship with Storyvault.
It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate. It is your responsibility to adhere to all applicable tax requirements for sales made to users on the Platform.
2. Content and eligibility
2.1 What requirements must I meet to be eligible to sell on the Platform?
You must be over 18 years of age to become a Seller on the Storyvault Platform. By accepting these Terms you represent and warrant that you at least 18 years of age.
You additionally warrant that all information you provide to Storyvault, including but not limited to your name, tax status, and country of residence, is accurate, truthful and kept up to date subject to any change.
2.2 Must I be the creator of the Artworks I upload?
You warrant that you are the creator and sole and exclusive owner of all Artworks displayed for sale on Storyvault.
You additionally warrant that you have obtained all clearances, and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of Artworks on the Platform.
2.3 What restrictions apply to the Artworks I may sell on the Platform?
All Artworks represented for sale on Storyvault must be one-of-a-kind or limited edition original artworks with a maximum edition size of 150.
All impressions sold from a limited edition print run must be assigned numbers in correspondence with the order in which they were produced. The number of each impression must be marked clearly on the Artwork itself or on its accompanying certificate of authenticity.
2.4 What restrictions apply to the Content I may upload to the Platform?
You acknowledge and agree that you are solely responsible for all Artwork Content you offer for sale via Storyvault. You may not offer Artwork Content or any other materials which Storyvault reasonably believes to be:
- 1. offensive, including material that incites racial hatred or promotes discrimination;
- 2. obscene or pornographic; or
- 3. materials which infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Storyvault reserves the right to remove any Content or Artwork Listings from the Platform at any time in its sole discretion.
2.5 How and when are Storyvault permitted to use my content?
By registering and becoming a Seller and offering Artworks for sale, you grant Storyvault a worldwide, non-exclusive, royalty-free, sublicensable right and license to access, view, use, copy, reformat, distribute, publicly display, publicly perform and transmit your Artwork Content via online and physical sales channels (including the Platform and third party sites and platforms) in any media now known or still to be invented.
This right and license is solely for the purpose of enabling Storyvault to use your content for the promotion of the Platform. Storyvault does not claim, and so may not violate, ownership rights in your Artwork Content.
You acknowledge that the only compensation you will receive for such license, if any, will be in the form of the Net Sale Proceeds, payable only upon the sale of an Artwork through the Platform, and defined later in this document.
3. Your obligations
3.1 Am I responsible for inaccuracies in my Artwork Listings?
It is your responsibility to ensure that all Listings submitted to the Platform represent the Artworks offered for sale therein to the highest degree of accuracy possible.
Where inaccurate specifications or materially misleading images are submitted as part of Artwork Listings from which any Sale is made, Storyvault reserves the right to debit any costs associated with resulting Customer return requests from the Gross Sale Proceeds.
3.2 Are there any restrictions in place on how I may price my Artworks?
The price stated in each of your Artwork Listings must be a reasonable reflection of the value of the Artwork offered for Sale, and must be equal to the price set for the same Artwork on any other channels through which the Artwork is sold directly or on consignment.
3.3 Am I responsible for fulfilling orders placed for Artworks I upload for sale?
It is your sole responsibility to arrange the packaging and shipment of Artworks for delivery to any Customers introduced to you through the Platform. It is your responsibility to research accurate shipping rates and select a preferred courier prior to listing your Artwork. Storyvault will not be liable for any losses incurred as a result of inaccurately quoted rates.
Artworks must be carefully packaged so as to avoid damage, and shipped by a reliable courier to the customer’s designated delivery address. You acknowledge that the customer has a right to cancel and return the Artwork if it arrives damaged or after an agreed deadline. Where these requirements are not met, Storyvault reserves the right to debit any costs associated with resulting Customer return or cancellation requests from Net Sale Proceeds. Storyvault reserves the right to treat as unfulfilled any orders which have not been marked as shipped beyond the expiration of the timeframe specified for delivery.
It is your responsibility to comply with all local tax regulations with respect to any sales completed on the Platform, and to include any required documentation or invoices within packages shipped.
3.4 Can I offer custom or bespoke Artworks?
When a customer wishes to commission a new Artwork via the Storyvault website, we will obtain specific details of the request and ask you for a price to fulfil the Commission. If you are willing to accept the commission, we will obtain full payment from the customer before work begins on the Commissioned Artwork. Once you complete the Artwork, and it is delivered within the agreed time-frame and undamaged to the customer, we will remit 85% of the agreed price to your nominated bank account.
3.5 What happens if the Customer chooses to have the Artwork(s) framed by a third party frame supplier?
We may offer, or allow third parties to offer, custom framing services to Customers on the Artwork sold to the Customer by the Seller. If the Customer has purchased a frame from us or a third party, you must ship the Artwork to the relevant third party framer’s address which will be supplied to you. Framing does not affect Customer’s right to cancel and return the Artwork and the Seller’s obligation to accept such a return of the Artwork. The additional time needed to arrange a custom frame may result in some delay in the payment of the Net Sale Proceeds, owing to the need to debit the cost of the frame when it is has been fitted and the Artwork is dispatched to the Customer by the frame supplier.
4. Storyvault’s obligations
4.1 How will I be notified of orders placed for my Artworks through Storyvault?
When an order has been placed for one of your Artworks you will receive a confirmation notice to your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Customer.
4.2 How and when does Storyvault collect payment from Customers for orders placed for my Artworks?
We will notify you by sending a confirmation notice to your nominated notification email address when a Customer places an order. You must promptly either:
- (a) Carefully package and dispatch the Artwork(s) specified in the order and notify us that you have done so, or
- (b) notify us that the order will not proceed, and the reason for non-fulfilment.
- (c) in the case of Commissioned Artworks, when the Artwork is completed and dispatched, notify us that you have done so, and the expected arrival date of the Artwork.
Payment is held securely by Storyvault in a designated bank account separate from our own funds.
4.3 When will Storyvault transfer my revenues for Artworks I have sold to consumers through the Platform?
Your Net Sale Proceeds will be transferred to your Nominated Payment Account on expiration of Storyvault’s returns period as stipulated in our then current customer returns policy, subject to any required administrative and clearance period, and in line with Storyvault’s current payment schedule.
Storyvault is entitled to withhold your Net Sale Proceeds for any given Sale if there is, or in Storyvault’s reasonable opinion is likely to be, a dispute with you or a dispute between you and the Customer, until such dispute is resolved to Storyvault’s reasonable satisfaction.
5. Returns and disputes
5.1 Am I obliged to accept requests for the return and refund of my Artworks ordered through the Platform?
By creating Artwork Listings on Storyvault, you agree to offer Storyvault’s current Platform-wide customer returns policy with respect to any resulting sales. You accept that the Customer has an absolute right to cancel the sale and Contract at his/her/their sole discretion, within seven days of Delivery of the Artwork. In this event, the Customer is obliged to arrange and pay for safe return of the Artwork to you. Once the Artwork has been received by you, the Cusomer will receive a full refund of any monies paid.
5.2 Who is liable for the cost of return shipment of Artworks under Storyvault’s return policy?
The customer is obliged to pay for the return by courier to your nominated returns address of any Artworks returned under Storyvault’s Customer Returns Policy where the stated reason for the return is that the Customer changed their mind.
If any other reason is provided for the return, Storyvault reserves the right to investigate, should it reasonably be believed that the return was a result of your lack of due care or negligence.
5.3 Who is liable for the cost of damage in transit to Artworks ordered through the Platform?
Storyvault will accept no liability for damage to Artworks in transit from you to your Customer. It is solely your responsibility to ensure that you package your Artworks sufficiently and ship them via a service that will minimise the likelihood of damage.
You acknowledge that any postage or shipping guidance provided by Storyvault in the form of help articles or support correspondence comes with no guarantee of safe transit if followed. If you do not secure transit insurance for any Artwork before shipping it, you do so solely at your own risk.
5.4 Who is liable for the cost of Artworks ordered through the Platform lost in transit?
Storyvault will accept no liability for Artworks lost in transit on their way to your Customer. If you do not send your Artworks via a traceable method of shipment, you do so at your own risk and Storyvault reserves the right to issue a full and immediate refund to the Customer on notice of non-delivery within the estimated timeframe.
5.5 Will I be reimbursed for outbound shipping costs for Artworks returned to me?
No. We hope and expect that the customer will be satisfied with the purchase and wish to keep the Artwork. Where this is not the case, we will require the customer to pay the costs of the safe return of the Artwork to you. However the costs of shipping the Artwork to the customer must be borne by you.
6. Fees and payments
6.1 Are there any upfront fees charged on opening an account on Storyvault?
No.
6.2 When is Storyvault entitled to take commission on a sale of one of my Artworks?
We will deduct our Commission from the Gross Sale Proceeds for that Artwork in accordance with Clause 6.3 of these Terms. Any attempts to complete sales or any other monetary transactions initiated on the Platform outside of the Platform are strictly prohibited, and will result in the suspension or closure of your Seller account.
6.3 How much revenue will I receive from sales completed through the Platform?
Storyvault deducts Commission and Fees from the Gross Sale Proceeds on a percentage basis in relation to Sales completed through the Platform, which is subject to change and incorporated into these Terms by reference. In the event of any change to the Commission and Fees Policy, Storyvault will provide with at least 14 day’s notice by posting the changes on the Platform. Your Net Sale Proceeds for any given Sale is the Gross Sale Proceeds based on the Price at which the relevant Artwork(s) is sold under the Contract, less the total Commission, Fees and taxes due in relation to the Sale, and any discount that you have offered (or authorised Storyvault to offer), to the relevant Customer.
6.4 How will revenues for orders of my Artworks be transferred to me?
Your Net Sale Proceeds will be transferred to your Nominated Payment Account in the next available qualifying pay run, following a period of seven days from safe Delivery of the Artwork to the Customer.
Storyvault reserves the right to defer the payment of your Net Sale Proceeds until the next pay run for any given Sale if the total payment amount is under £50 GBP and the payment method is a bank transfer to a Nominated Payment Account held by you with a payment service provider located outside of United Kingdom.
7. Termination and account cancellation
7.1 Under what conditions may this agreement be terminated?
Storyvault may, in its sole discretion, terminate this agreement, access to the Platform without notice to you. Upon termination, all rights and obligations will be extinguished other than such rights and obligations which are necessary to process any orders placed prior to such termination.
7.2 How can I cancel my Storyvault account?
You may request deletion of your Storyvault Account from your user settings page. On receiving notice of your cancellation request, we will endeavour to remove your Seller shop from the Platform within 5 working days.
8. Further provisions
8.1 Website Usage
In no event will Storyvault be liable for any damages arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use, or inability to use this Platform. We make no warranty that this Platform or the server that makes it available is free of viruses or bugs.
Throughout the Platform, you may find links to third party websites. Please note that Storyvault is not responsible for the privacy policies or content of third party sites.
8.2 User Data
To the extent that personal data is supplied by users to Storyvault, such data shall be owned by Storyvault and subject to the then effective privacy policy of Storyvault, the Data Protection Act, and any other applicable law or regulation in the relevant jurisdiction. Where you receive personal data from users of the Platform, you will comply with all applicable law and regulation, the Storyvault Privacy Policy and all other instructions of Storyvault.
8.3 Liability
Storyvault is a venue and provides an online marketplace and gallery only.
The Platform is provided on an “as is” basis. Storyvault makes no representations or warranties of any kind to you relating to the Platform to the fullest extent permitted by law.
Storyvault shall not be liable for any damages of any kind including without limitation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Platform, provided that nothing in these Terms shall exclude or limit liability for death or personal injury arising as a result of negligence, fraud or any other liability which may not be excluded or limited by law.
Without limiting the foregoing, Storyvault’s total and aggregate liability to you shall in no event exceed the total amounts actually received by you in any calendar year in connection with a sale of Artwork through the Platform.
You hereby indemnify Storyvault and keep Storyvault and its group companies, third party sellers, directors, shareholders and employees at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of Storyvault), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations under these Terms or otherwise arising from a transaction between you and a consumer or your use of the Platform.
8.4 General
These Terms do not create any right enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999.
Save for as expressly referred to in these Terms, these Terms contain the full and complete understanding between the parties and supersedes all prior arrangements and understandings, whether written or oral, pertaining to the subject matter of these Terms.
These Terms shall not be deemed to constitute a partnership, joint venture, contract or relationship of employment between the parties.
These Terms and any non-contractual obligations or liabilities arising out of or in connection with these Terms shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the English courts.