1.1. These Terms and Conditions constitute your (herein referred to as “Your”, “You”, “Seller”) rights and obligations and those of Ancillaries Media Limited T/A www.art.africa (herein referred to as “Portal”, “Marketplace”, “we”, “our”, “us”) with regards to your use of our online portal accessible either through our website https://art.africa, mobile application or services either by email, online, telephone or any other means.

1.2. By using our portal, you agree that you have read in entirety, understood fully, and agree to abide by the terms and conditions set out in this document as a legally binding contract with us. If you do not agree to these terms and conditions, then you may not use our portal.

1.3. You also confirm that you are at least 18 years old.

2.1. Ancillaries Media Limited T/A www.art.africa provides an online platform that connects users who wish to purchase artworks, with owners of original artworks or copyright holders to works of art, who have created profiles, uploaded, and listed their artworks for sale on our portal (herein referred to as “Sellers”). Ancillaries Media Limited T/A www.art.africa enables owners of original artworks or copyright holders of works of art and buyers to connect, communicate, and transact directly with one another.

2.2. Sellers list their artworks for sale and transact directly with buyers. Ancillaries Media Limited T/A www.art.africa only acts as an intermediary to help advertise your artworks and refer buyers to artworks. Any arrangement, contract or agreement is between you and the buyer. Ancillaries Media Limited T/A www.art.africa is not a contracting agent, affiliate, or insurer. Through our portal, buyers can browse artwork(s), view details about the artwork(s), and send you purchase inquiries and as well as make payment for artworks.

2.3. Buyers can browse and purchase artworks from sellers who have registered with us and listed their artworks for sale by clicking the “Buy Now” button on the artwork details page. Alternatively, buyers may initiate a transaction by use of the “Make Offer” option available on select artworks. You agree that you will respond to purchase enquiries and orders promptly and accurately.

2.4. Ancillaries Media Limited T/A www.art.africa may contact you about the order(s) you received to help with further processing. You agree to provide accurate and truthful information.

2.5. All communications concerning artwork(s) listed for sale or showcase on our portal must take place within the www.art.africa internal messenger. Sellers are not permitted to exchange contact information, transact, or communicate with the buyers using any other means besides www.art.africa Portal’s messaging functionality. Failure to follow this guideline will be considered material breach of contract and may result in withdrawal of your seller rights, total ban from the marketplace and account closure.

2.6. Ancillaries Media Limited T/A www.art.africa Portal representatives may contact you at any time, if we deem it necessary to obtain details about you or your published profile and artworks, as well as to ask for feedback, suggestions, ideas, or comment related to any aspect of our portal and your experience with the same. The feedback will be used to improve our portal user experience. We may also contact you after you have responded to a “make offer” enquiry to check on the status of the same.

3.1. You acknowledge that you possess full copyright to any and all artwork(s) in your account, and that the descriptions as provided in the listings are true and accurate. In addition, you undertake to only ship artwork that is signed with proper attribution.

4.1. These Terms and Conditions shall remain in force from your account until the closure of your account, which requires a written notification to the [email protected] team, subsequent removal of your profile and all published items and discontinuing the use of the portal or we determine that the account is in breach, or should for any reason, be withdrawn.

5.1 You can opt out of this agreement by providing written notification to Customer Support team at www.art.africa regarding the closure of your account, removal of all published items and discontinuing the use of the portal. However, all pending sales orders must be fulfilled and pending financial transactions must be completed before closure.

5.2. Upon written confirmation of the termination of these Terms and Conditions, you shall comply promptly by removing any and all reference to the specified Artwork(s) from our portal and you undertake to remove any and all references to the listing of the specified item(s) with us and elsewhere whether that reference is electronic or print. In the event of death, your estate will have the right to terminate this agreement.

6.1. It is your responsibility to update your profile on the www.art.africa marketplace within a maximum of 12 hours of any direct sales that you make of any artwork that is listed for sale on your account that affects the availability of the item. However, it is recommended as best practice that you update your profile immediately after any direct sales in order to avoid a situation where the artwork appears as available for sale in the Marketplace.

7.1. Shipping and insurance cost (of the actual item sold), liability and all handling expenses incurred in the delivery of the Artwork(s) to buyer shall be assumed by you (the “Seller.”)

7.2. You are responsible for all packing costs, materials, and other handling costs in delivering the Artwork(s) to the buyers verified address provided via www.art.africa portal only. Delivery information must be clearly outlined on the packaging with buyers name, physical address, street, town, post code, country, and phone number.

8.1. We require that you wait for confirmation of payment from the order processing team following a sales order notification before shipping the sold item. All packing and shipping charges, insurance costs protecting against the risk of loss or damage by the courier, other handling expenses including export fees incurred in the delivery of artwork(s) from you to the buyer, will be your responsibility.

8.2. We require that artwork(s) are shipped using signed delivery from an authorized courier service such as FedEx, DHL, UPS, EMS, or any other national postal service that provides shipment tracking and proof of delivery.

9.1. Items sold must remain in your ownership until you have been notified of a successful sale by us, the title of ownership is transferred directly to the buyer upon successful delivery of the shipment by the pre-approved courier and a signed delivery note, which will serve as the confirmation of receipt by the buyer.

Refunds and exchange are not acceptable. Please contact Art Africa if you have a problem with your purchase. All complaints will be reviewed on case by case basis.

10.1. Artworks will be available for sale only at the listed price specified by you in the “artwork details page”.

11.1. Our commission will be fifteen per cent (15%) of the total price of the listed item, calculated based on the total payment due to you from a buyer. Changes in our rate will be communicated to you in advance and your continued use of the portal afterwards will indicate consent

12.1. Membership and use of the portal is free.

13.1. Payments due to you for non-commissioned works will be made following the expiration of the 14-Day Satisfaction Guarantee and no later than 7 days after the 14-Day Satisfaction Guarantee. Payments due to you for commissioned works will be made within 7 days after the completion of the sale. Prior to payment, these funds will be held in an escrow account (client monies account) on your behalf. Payments held in escrow will only be released upon presentation of proof of successful delivery by the seller from an authorized and pre-approved courier.

14.1. We shall use our reasonable efforts to promote your non-commissioned artwork(s) and in this regard, you undertake to clearly identify all artwork(s) with the copyright owner’s name, title, media, and other metadata when creating the listing. It is at our discretion how many pieces of artwork(s) from each seller will be displayed on our portal’s homepage and in what manner.

15.1. You acknowledge that you reserve all rights to the reproduction of the artwork(s) except as noted in writing to the contrary. You also agree that you will not withhold permission for the promotion of your artworks by us.

16.1. You agree to indemnify us, our affiliates and partners against all costs and expenses (including reasonable legal fees) incurred in connection with any claims made against us or our partners and affiliates that the artwork(s) listed for sale by you on our portal is not your original creation or infringes upon a third-party’s copyright.

17.1. You are required to provide proof of identification in the form of a government issued ID or valid passport before your account can be activated.

18.1. This agreement shall be governed by the laws of England and Wales.