TERMS OF USE AND AGREEMENT
ACCEPTANCE OF TERMS
BusaccaGallery.com is a free online posting pre-edited consignment website for all kinds of objects of art and collectables from all over the world! Nothing gets onto the site until it's worthy of being published.
Art Posting Online Consignment Agreement
All site users hereby enter into the following Agreement:
1. Agent for Consignment. The owner, art dealer or artist (hereinafter, for the purposes of this Agreement, "SELLER"), appoints the gallery found on this site (hereinafter "GALLERY") as agent for the works of art (hereinafter "ARTWORK" or "ARTWORKS") consigned under this Agreement, for the purposes of exhibition and sale on and off the web site BusaccaGallery.com as one of the overall general agents of the art work, to sell or otherwise make available for acquisition to the public.
2. Consignment. The SELLER hereby consigns to the GALLERY, and the GALLERY accepts on consignment, those ARTWORKS posted and uploaded on the User Personal Information Sheets which are found on this website. Additional Personal Information Sheets may be incorporated as part of this website and this Agreement at any time, as parties agree to the consignment of other ARTWORKS. All new ARTWORK postings are governed under this Agreement.
3. Authority of Accepted SELLER's ARTWORKS. ARTWORKS may be accepted for consignment only by BusaccaGallery.com. Only BusaccaGallery.com staff are authorized to accept ARTWORKS hereunder. BusaccaGallery.com may reject at any time ARTWORKS at the gallery's discretion. We can "black list" from the web site if needed.
4. Warranty. SELLER hereby warrants that he or she created and/or possesses unencumbered title of the art, photos and content to the ARTWORKS, and that their descriptions are true and accurate.
5. Duration of Consignment. SELLER and the GALLERY agree that the initial term of consignment for the ARTWORK is to be until it has been taken off the web site or sold. SELLER will announce the duration of the consignment on his or her "Manage Art" page (found on this website) or to request the end of the term.
6. Transportation Responsibilities. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of ARTWORKS from the warehouse to the PURCHASER, shall be the responsibility of the SELLER. Shipping costs will be worked out and negotiated at the end of all Transactions.
7. Fiduciary Responsibilities. Title to the ARTWORK remains with the SELLER until the BusaccaGallery.com has been paid the full amount that is owed for the ARTWORK; title then passes directly to the PURCHASER. All proceeds from the sale of the ARTWORKS shall be held in trust or escrow for the SELLER and also the PURCHASER. BusaccaGallery.com shall pay all amounts due to the SELLER, before any proceeds of sales can be made available to creditors of the GALLERY. BusaccaGallery.com will notify the SELLER within five business days of an on-line purchase. The GALLERY director will: process PURCHASER credit card; send electronic notice of sale to the SELLER; and notify PURCHASER of processed sale. Within two business days of a processed sale, the SELLER will: ship the ARTWORK to PURCHASER; give electronic notice to PURCHASER that the ARTWORK has been shipped; give electronic notice to the GALLERY director that the ARTWORK has been shipped; or contact PURCHASER to make alternate shipping arrangements. (electronic copy to Gallery Director).
8. Notice of Consignment. BusaccaGallery.com shall give notice, by means of a clear and conspicuous sign in full public view that certain ARTWORKS are being sold subject to a contract of a web based online consignment site. BusaccaGallery.com has never owned or physically seen or hailed the object in most cases before its posting on the web. We depend on the SELLERS of the art object to ensure that their descriptions are true and accurate when posting.
9. Pricing; GALLERY'S Commission; Terms of Payment. GALLERY shall sell ARTWORKS only at the retail price specified on the User Personal Information Sheets. We hold the right to negotiate if warranted. The Gallery and the SELLER agree that the Gallery's commission is to be a percent of the retail price of the ARTWORK. Estimated Wholesale value is the price required by the SELLER before releasing the ARTWORK to the PURCHASER. Estimated Retail value takes into account the amount BusaccaGallery.com will be paid over the Wholesale price. It is our right to price the art object to a fair market value. BusaccaGallery.com takes between 30% and 150% on every single art transaction. We never go higher then 150% of Wholesale. For example, an ARTWORK with a wholesale price of $100.00 could be marked up 150% to $250.00, or an ARTWORK with a $1000.00 wholesale price could be marked up 30% to $1,300.00. Such mark-ups allow BusaccaGallery.com to provide this service to BUYERS and SELLERS for free. If BusaccaGallery.com determines there is an insufficient margin between the wholesale and retail price of a particular ARTWORK, BusaccaGallery.com may deny posting the ARTWORK. Any change in the retail price, must be agreed to in advance by BusaccaGallery.com.
Payment to the SELLER shall be made by BusaccaGallery.com within 20 days of the delivery and approval of the PURCHASER. The SELLER assumes full risk and responsibility for the failure to deliver to any PURCHASER that has purchased an ARTWORK through this service. NO consigned ARTWORK shall pass from SELLER to PURCHASER until payment to BusaccaGallery.com has been satisfied. Although the GALLERY will collect sales tax with PURCHASER payment, the SELLER is responsible for depositing any sales tax as required by state law.
10. Promotion. The GALLERY shall use its best efforts to promote the sale of ARTWORKS. BusaccaGallery.com agrees to provide adequate display of the Art object, and to undertake other promotional on-line activities on the SELLER'S behalf. BusaccaGallery.com shall clearly identify all ARTWORKS and shall be included, along with the owner of the art object, on the bill of sale of each of the Artworks. Such promotion may include updating meta tags; GALLERY listings in print media as deemed appropriate and viable by the director; GALLERY e-mail notices to registered website visitors; GALLERY web-links; and search engine postings.
11. Reproduction. BusaccaGallery.com reserves all rights to the reproduction of the ARTWORKS except as noted in writing to the contrary. The GALLERY will not permit any of the ARTWORKS to be copied, photographed or reproduced without the written permission of BusaccaGallery.com. In every instance of such use, the SELLER shall be acknowledged as having the copyrights, ownership and proof as to the authenticity of the ARTWORK to upload and post. The GALLERY shall include on each bill of sale of any ARTWORK the following legend: "All rights to reproduction of the work(s) of art identified herein are and can be retained by BusaccaGallery.com for use and reproduction of new art works."
12. Accounting. A statement of accounts for all sales of ARTWORKS shall be furnished by BusaccaGallery.com to the SELLER with an on-line statement and payment of all commissions due.
13. Termination of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either BusaccaGallery.com or the SELLER, by giving on-line notice of termination from either party to the other. In the event of the SELLER'S death, the estate of the SELLER shall have the right to terminate the Agreement only as regarding the sale of ARTWORK. Within thirty days of the notification of termination of the agreement, all accounts shall be settled and all unsold Artworks that are for sale shall be taken off the web site and be put on hold.
14. Management of on-line portfolio. It is the SELLER'S responsibility to notify BusaccaGallery.com (via the on-line GALLERY Manage Art Portfolio) of any sale of ARTWORK listed at the GALLERY that affects the availability of the ARTWORK, within one business day of such a sale. Failing to make such notification of sale, SELLER will incur all costs of any handling expenses.
15. Miscellany. This Agreement represents the entire Agreement between the SELLER and BusaccaGallery.com. If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof. This Agreement shall not be assigned, nor shall it inure to the benefit of the successors of BusaccaGallery.com, whether by operation of law or otherwise, without the prior written consent of the SELLER. In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorney's fees, in addition to any other available remedy. This Agreement shall be governed by the law of the State of California.
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Busacca Gallery provides a collection of online resources, forums, and various services. By using the Service in any way, you are agreeing to comply with the Terms of Use. In addition, when using Busacca Gallery services, you agree to abide by any applicable posted guidelines for all Busacca Gallery services, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with Busacca Gallery in any way, your only recourse is to immediately discontinue use of Busacca Gallery. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this Agreement (Terms of Use) on a regular basis to keep yourself apprised of any changes of this Agreement. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("CONTENT") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of content ("CONTENT") that you post, email or otherwise make available via the Service. Furthermore, the Busacca Gallery's physical site and CONTENT available through BusaccaGallery.com may contain links to other websites, which are completely independent of Busacca Gallery. Busacca Gallery makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You agree that you must evaluate, and bear all risks associated with, the use of any CONTENT, that you may not rely on said CONTENT, and that under no circumstances will Busacca Gallery be liable in any way for any CONTENT or for any loss or damage of any kind incurred as a result of the use of any CONTENT posted, emailed or otherwise made available via the Service. You acknowledge That Busacca Gallery shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any CONTENT that is available via the Service, for violating the letter or spirit of the Terms of Use or for any other reason. The Busacca Gallery site and CONTENT available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Busacca Gallery, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions and dealings are solely between you and the buyer. Investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties is up to you. You agree that Busacca Gallery shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Busacca Gallery is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release Busacca Gallery, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Busacca Gallery agent for notice of claims of copyright or other intellectual property infringement. ("Agent"), at
Busacca Gallery
2010 Hyde St
San Francisco CA 94109
mark@busaccagallery.com
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