Welcome to Imurj! This Online Art Shop Agreement provides the terms and conditions governing your membership in Imurj’s artist programs and is a legally binding agreement (the “Agreement”).
Agreement is between the Artist and the E-Commerce Gallery operated by Imurj, LLC, 300 S McDowell St. Raleigh, NC 27601, hereinafter referred to as the “Gallery,” located at https://shop.imurj.com hereby enter into the following Agreement:
1. Scope of Agency/Terminology
Artist appoints the Gallery to act as Artist’s non-exclusive agent for the exhibition and sales of works of art (hereinafter referred to as the “Artwork“). Artist shall be free to exhibit anywhere and sell any work not consigned to Gallery under this agreement. Purchasers of Gallery Artworks are hereinafter referred to as the “Buyer.” The Gallery is the online marketplace wherein works shall be exhibited at the discretion of the Artist and Gallery.
Artist hereby warrants that he/she created and possesses unencumbered title to the consigned Artwork.
Artist hereby consigns to the Gallery, and the Gallery accepts on consignment, those Artwork listed at the bottom of this agreement. Gallery shall not permit the Artwork to be used for any purposes other than exhibition and sale without the consent of Artist. Artist retains copyright and full ownership of the Artwork. In the event of the purchase of Artwork, the title shall pass directly from Artist to the Buyer.
4. Duration of Consignment
Artist and Gallery agree that the initial term of consignment for Artwork is to start on March 13, 2017 and end on May 13, 2017, and that the Artist does not intend to request return of Artwork before the end of this term. At the end of this period, the Artwork’s listing will be taken down from the Gallery.
5. Transportation/Sales Logistics
Artist chooses one or both of the two potential shipping options below. At checkout, the buyer will select one option. Artist assumes all transportation costs related to the delivery of the Artwork, up to the point of delivery to the shipping company if it applies. including time and travel costs toward transportation of Artwork (for more information see § 6-1). Shipping and handling of the Artwork is paid for in full by the Gallery.
The Artwork may be shipped via Navis Pack and Ship, an institution which handles specialized packaging for precious items, located at 1040 Corporation Pkwy #116, Raleigh, NC 27610.
The Buyer may pick up the work from Imurj’s Main Gallery space in Downtown Raleigh. If this option is opted into by the Artist and Gallery, it is the responsibility of the Artist to deliver the Artwork to the Gallery within 72 hours of purchase notification via email from the Gallery.
6. Shipping and Handling
Payment of packing and shipping charges, as well as any other handling expenses are the sole responsibility of the Buyer. These fees apply only to Artwork that is chosen to be shipped by the Buyer during checkout. The Gallery shall assign shipping costs to the Artworks that are deemed necessary to ship through Navis Pack and Ship, determined by size, weight, and complexity of materials. The Artist shall not be responsible for shipping costs.
7. Promotion by Gallery
Gallery shall make reasonable and good faith efforts to promote the sale of Artworks and undertake other promotional activities that promote sales. Artist agrees that works of art on exhibit can and will be used by Gallery for programming purposes not limited to the following: artist discussions, education programs and workshops, and promotional sales opportunities. Imurj reserves the right to coordinate the use of works of art on exhibit for these events and may, from time to time, charge admission fees or registration fees to these activities.
8. Promotion by Artist
On his/her own expense, Artist may wish to contribute to promotional campaign during the exhibition of his/her Artworks by: printing own catalogue, posting on social media, enlightening the opening reception by his/her own presence, etc. The Artist should refer to the Gallery website shop.imurj.com as a reference to promote one’s exhibition and to the Imurj events calendar shop.imurj.com for events in which these works of art may be features. From time to time, Artist shall be requested, as part of this exhibition agreement, to attend and participate in specific gallery programs and events, of which the Artist will be notified by the GPM.
The Gallery shall identify clearly all Artwork with Artist’s name, title, material, dimensions, and all other pertinent information for the Buyer. Artist reserves all rights to the reproduction of the Artwork except as noted in writing to the contrary.
Although it is a non-exclusive agreement, Artist’s suggested price is expected to be consistent with one outside the Gallery. Gallery shall sell the works at the retail prices shown on the Submission Form. Prices set at the time of listing shall be considered the Artwork’s value, and not be subject to change.
The Gallery maintains full responsibility over the curation of the Gallery and all Artwork within it. Artwork will be put on digital display with the full care and expertise of staff, and as such are subjected to the personalized curatorial services Imurj fosters.
All Artwork must be prepared for pickup by the Buyer in the Artwork’s intended state of presentation. 2d and 3d works should be prepared by the Artist for wall hanging or installation. No additional purchases or work should need to be done by the Buyer in order to display the artwork unless otherwise stated. (An exception would be printed works that are shipped without a frame) Failure to properly prepare work for purchase through the Gallery may result in termination of this agreement. All sales transactions are conditional of the Artist’s delivery of the Artwork to the Buyer.
All Gallery sales are in US dollars. In addition to agreed retail price, applicable sale taxes will be added to the bill of sale. The Gallery is responsible for collecting and reporting sales tax in accordance with applicable state and federal laws. The Gallery collects and handles all sales tax as part of the Artwork’s total sales cost.
The Artist is responsible for paying an upload fee for each work of art submitted to the Gallery. Gallery and Artist agree that the Artist is to receive 90% of the commission for sale via the Gallery.
15. Terms of Payment
Gallery shall pay Artist all proceeds due to the Artist during the first week of each month, for the previous month’s sales. Payments are reconciled at the end of each month, and may take up to two (2) weeks thereafter to be received.
16. Removal from Gallery
Gallery shall not remove from the Gallery any Artwork without first obtaining permission from Artist. There is no return policy on Artwork sold to Buyers.
17. Loss or Damage
The Artist shall be held responsible for careful storage, handling, and transport of the Artwork prior to delivery to a shipping institution or the Buyer. The damage that may occur during the shipping process will be the responsibility of the shipping institution. If work is damaged during the shipping process, Navis will pay for the restoration of the work up to the work’s value. If damage exceeds the work’s value, the value of the work in US dollars and all costs associated will be refunded in whole to the Artist.
18. Termination of Agreement
Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either Gallery or Artist, by means of notification of termination from either party to the other. Upon the notification of termination, all accounts shall be settled and all unsold Artwork shall be taken off the Gallery. In the event of Artist’s death, the estate of the Artist shall have the right to terminate the Agreement. Gallery will provide a date at which the Artist must respond to this agreement. If the Artist does not respond to Gallery by the provided date the offer shall be considered to have expired.
19. Accordance with State Legislature
This Agreement shall be governed by Federal and North Carolina State law. All disputes arising under this Agreement shall be submitted and taken under consideration accordingly.
This Agreement constitutes the entire understanding between the parties hereto. It may only be amended by written instrument signed by both parties.