Artist agreement

This agreement applies to artists and sellers using a BooART webshop, online sale, physical exhibition, auction membership, or auction add-on. The Dutch text is the legally leading source text; this English version is provided for English locale signers.

Article 1. Authorization and BooART's role

1. During the term of this agreement, the artist or seller authorizes BooART to present the submitted artworks through the website, webshop, exhibitions and/or auctions, and to mediate sales.
2. BooART invoices the buyer and collects the sale price on behalf of the artist or seller, unless otherwise agreed in writing.
3. For auctions, BooART acts as organizer and operator of the online auction platform. BooART facilitates the transaction and mediates between seller and buyer, but does not become the owner of the artwork.

Article 2. Term

1. The agreement starts when the webshop, membership, or auction access is activated.
2. The agreement has a term of 1 year and renews automatically for successive 1-year periods, unless the selected product or subscription states otherwise.
3. The agreement can be cancelled in writing no later than 1 month before the end date.

Article 3. Webshop, subscriptions and fees

1. For each work sold through the webshop by BooART, the artist receives the agreed sale price less applicable commission and costs.
2. BooART will only discount a sale price with the artist's prior permission. A discount does not affect the agreed commission percentage.
3. Upon sale, the artist is responsible for delivery of the artwork to the buyer. The buyer pays transport costs unless agreed otherwise in writing.
4. Subscriptions and fees are exclusive of VAT:

Basic Membership

• Annual fee: EUR 150 excluding VAT
• Monthly payment option: EUR 15 excluding VAT
• Own online shop, profile page and dashboard
• Display up to 40 artworks
• Commission on online sales: 15% of the full sale price
• Auction access available as an add-on
• Optional physical exhibition for 6 months at EUR 75 excluding VAT per exhibition

Advanced Membership

• Annual fee: EUR 220 excluding VAT
• Monthly payment option: EUR 20 excluding VAT
• Own online shop, profile page and dashboard
• Display up to 60 artworks
• Commission on online sales: 15% of the full sale price
• Auction access available as an add-on
• Optional physical exhibition for 6 months at EUR 75 excluding VAT per exhibition

Premium Membership

• Annual fee: EUR 330 excluding VAT
• Monthly payment option: EUR 30 excluding VAT
• Own online shop, profile page and dashboard
• Display an unlimited number of artworks
• Commission on online sales: 15% of the full sale price
• Physical exhibition at a BooART location for 6 months
• Unlimited auction access included
• Option to use BooART shipping partners
• Listing in the customer newsletter under Artist in the spotlight

Auction membership and auction add-on

• Annual fee: EUR 50 excluding VAT
• Unlimited concurrent auctions
• Up to 5 images per auction
• Commission on auction sales: 15% of the sale price, excluding VAT

Article 4. Auction terms for sellers

1. Artworks offered through a BooART auction may not be offered for sale elsewhere, online or offline, during the auction period.
2. Artworks offered through a BooART auction may not simultaneously be exhibited in a BooART exhibition or in an exhibition by another organization or gallery.
3. Unique works are subject to exclusivity: they may only be auctioned through BooART while the auction is running.
4. The seller warrants that they are entitled to sell the artwork, that the artwork is authentic, and that it is free from third-party rights or claims.
5. The seller provides accurate information, photos, dimensions, materials, description, sale price, minimum sale price and edition details where applicable.
6. After the auction ends, the seller must deliver the artwork to the buyer once full payment has been received, unless the buyer fails to meet their payment obligation.
7. Shipping costs and shipping risks are borne by the buyer unless the parties agree otherwise in writing. Pickup is possible when agreed in advance.

Article 5. Specification and settlement

1. No later than 14 days after receipt of the sale amount, BooART will transfer the amount due to the artist or seller.
2. The artist or seller sends BooART the corresponding invoice when applicable.
3. Any additional costs or transaction costs will be communicated transparently in advance.

Article 6. Availability, delivery and consignment

1. The artist or seller remains responsible for the physical works until they have been delivered to a buyer or unless otherwise agreed in writing.
2. If a work is sold outside BooART, the artist must notify BooART immediately so the work can be removed from the webshop or planning.
3. For physical exhibitions, BooART accepts the relevant works on consignment during the exhibition period. A work remains the property of the artist until sold to a third party.
4. Artworks for on-location exhibitions must be supplied on time and according to the specifications requested by BooART.

Article 7. Promotion and intellectual property

1. The artist retains copyright in their artworks unless expressly agreed otherwise.
2. BooART may use the artist's name and images and details of the artwork for promotion, publication, webshop, exhibition and auction communication.
3. The artist declares that the work was made by them or may lawfully be sold by them, and indemnifies BooART against third-party claims.

Article 8. Physical exhibition on location

1. If the artist participates in a physical exhibition, BooART's additional consignment and exhibition terms apply.
2. Exhibition costs are EUR 75 excluding VAT per exhibition, unless included in the selected subscription.
3. Commission on sales during an on-location exhibition is 30% of the full sale price.
4. If works are not delivered or collected by the artist, BooART can arrange transport at the then-current rates.

Article 9. Termination, changes and applicable law

1. Both parties may terminate the agreement by written notice, observing the applicable notice period.
2. BooART reserves the right to amend or supplement these terms. Amended terms apply once published or once accepted by a new signature.
3. If any provision is invalid or unenforceable, the remaining provisions remain fully effective.
4. Dutch law applies to this agreement unless mandatory law provides otherwise. Disputes will be submitted to the competent court.