Artwork agreement

By submitting an artwork to Suarte, the gallery agrees to the following terms and conditions:

  1. Ownership of Artwork: The gallery warrants and represents that it is the legal owner of the artwork and that it has the right to enter into this agreement and grant Suarte the right to display and offer for sale the artwork.
  1. Intellectual Property Rights: The gallery acknowledges that the artist retains all intellectual property rights even after the artwork is sold.
  1. Artwork exclusivity: The gallery agrees that the artwork will be available exclusively for sale on Suarte for a period of one year from the date of uploading. After this period, the gallery may choose to remove the artwork from the platform or renew the exclusivity agreement.
  1. Selling in-store: Galleries are welcome to sell artworks both online and in their physical spaces. However, Suarte’s 17% commission does not vary when the artworks represented are sold through the gallery; galleries must mark the artwork as sold and provide the collector’s email address so they can claim their artwork in Suarte. This ensures that the transaction is properly recorded on the platform and the artwork is marked as “sold.” 
  1. Limited Editions: In the case of activating limited editions, the gallery agrees and acknowledges that it will not produce, manufacture, or distribute any further prints or limited editions of the artwork without the express written consent of Suarte.
  1. Pricing: The gallery retains complete autonomy in setting the price of the artwork and it must offer the “buy now” feature for all artworks uploaded to the platform. 
  1. Price modifications: The gallery is allowed to modify the price of their artwork twice according to the terms of the artwork contract. However, the new price cannot be lower than 30% of the uploading price.
  1. Payment and Fees: Suarte will collect the payment for the artwork and transfer the funds to the gallery, minus a commission fee of 17% of the final sale price for originals, excluding taxes and shipping costs.
  1. Shipping: The gallery is responsible for shipping the artwork to the buyer and must provide tracking information within 100 hours of purchase. The gallery may choose to assume the shipping costs or charge the customer for them.
  1. Returns and Refunds: Sellers are responsible for addressing and resolving issues related to: lost or damaged items, products not as described, quality issues, or receiving fake goods. Galleries should coordinate with the collector for return shipping arrangements and provide refunds. 
  1. Legal Compliance: The gallery agrees to comply with all the rules and laws related to selling and shipping artwork. This includes things like export and import regulations, copyright laws, and tax laws.
  1. Authenticity: The gallery guarantees the authenticity of the artwork and that it is an original creation by the artist.
  1. Artwork Condition: The gallery is responsible for ensuring that the artwork is in the same condition as described on the platform and free from any defects not mentioned in the description.
  1. Artist’s rights protection: The gallery agrees that artists’ interests and rights are protected throughout the selling process and beyond. 
  1. Confidentiality: Both parties agree to maintain the confidentiality of any sensitive information shared between them and the buyer during the course of the agreement.
  2. Promotional Use of Artwork: The gallery acknowledges and agrees that Suarte may promote and advertise the artwork and use the photographs of the artwork for advertising purposes, without the need for additional consent or compensation.
  1. Dispute Resolution: In the event of a dispute arising from or in connection with this agreement, the parties agree to first attempt to resolve the dispute amicably through negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to the exclusive jurisdiction of the courts of Spain.
  1. Termination: Suarte reserves the right to terminate this agreement at any time.

By checking the box provided during the artwork uploading process, the gallery agrees to these terms and conditions and acknowledges that this commitment is binding and enforceable under applicable laws and regulations.