Cowbyre Customer Membership

In order to access certain sections of the website customers must register with Cowbyre Artworks online using the ‘register now’ link. All our customer details are covered by our Privacy Policy detailed within our Terms & Conditions.

Artist Cowbyre Artist Membership

In order to access certain features of this website and contribute content you will need to register as a Cowbyre Artist Member. Cowbyre reserves the right to refuse Cowbyre Artist Membership without assigning a reason for doing so and also reserves the right to remove any content uploaded by any Cowbyre Artist Member which it deems as inappropriate. This includes but is not exclusive to content which:

• is deemed obscene, pornographic or harmful

• incites hatred towards groups or individuals

• infringes on the rights of others

• includes malicious code

• seeks to misrepresent services or goods offered by the Cowbyre Artist Member

Content uploaded and displayed in the Cowbyre Artist Member’s space may also be featured on other sections of the website.

Data security

Cowbyre Artworks will make every reasonable effort to ensure that access to the Gallery Management area of the Cowbyre Artist Member’s space on the website is secure. Cowbyre Artist Members are responsible for ensuring that their username and password are not disclosed to any other party. Cowbyre Artworks will not accept responsibility for any loss or corruption of Cowbyre Artist Members’ content or personal information arising from unauthorised parties using the Cowbyre Artist Members username and password to access the Cowbyre Artist Member’s account.

Confidentiality and Privacy Policy

Cowbyre Artworks shall not at any time use in an unauthorised manner or disclose, or permit the disclosure, to any third party any confidential information about the Cowbyre Artist Member. (Please refer to our privacy policy for information about our commitment to your privacy and protection of your personal data).

Title and Intellectual Property Rights

The Cowbyre Artist Member warrants and represents that they have unencumbered title to all content, including any multimedia files the Cowbyre Artist Member has published on the Website.
Save as expressly provided for in this Agreement, all patent, copyright, design right, trade marks, trade names and other intellectual property rights in or in relation to uploaded content shall remain the property of the Cowbyre Artist Member and shall not pass to Cowbyre Artworks.
All intellectual property rights in this website including the software, html pages, css documents, logos and graphics are owned by or licensed to Cowbyre Artworks. As such Visitors and Cowbyre Artist Members are prohibited from copying, distributing or reusing any of these elements without the expressed permission of Cowbyre Artworks.

Selling artwork through Cowbyre Artworks

Artists may sell artwork from their sub-shop or open gallery space. Cowbyre Artworks offers three approaches to selling artwork online. Refer to the Agency Agreement for more information.

Purchasing artwork through the Website

Visitors and Cowbyre Artist Members may purchase artwork made available for sale by Cowbyre Artist Members of the Website.
Where the Artist has requested that the Website facilitates the sale both the buyer and artist must follow the process set out in the Terms and conditions of sale. Direct sales between buyer and Cowbyre Artist Member of items on the Cowbyre website are strictly prohibited and will result in a lifetime ban from Cowbyre Artworks website and events for the Cowbyre Artist Member.

Disclaimer

Cowbyre Artworks do not guarantee that the service will:

• Be free from errors

• Be uninterrupted and free from occasional downtime

• Display automatically all content uploaded by the Cowbyre Artist Member

Cowbyre Artworks do not accept liability for any loss or damage that users may suffer as a result of using any part or function of the website including as a result of downtime or technical problems with the website.
Cowbyre Artworks also do not accept any liability for any content published on the website by a Cowbyre Artist Member being copied and misrepresented by a third party.

Amendments

In all instances Cowbyre Artworks will endeavour to make Cowbyre Artist Members aware of any changes to this website, its terms and conditions relating to this agreement in advance of or within 14 days of any change by email or message posting on this website. 

Law and Jurisdiction

Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with this Agreement and waives any objection to proceedings in such Courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

Termination

Cowbyre Artist Membership of Cowbyre Artworks may be terminated by either Cowbyre Artworks or the Cowbyre Artist Member at anytime without notice. In the case of Cowbyre Artist Membership being terminated by the Cowbyre Artist Member, Cowbyre Artworks will not refund any subscription payments already made for Cowbyre Artist Membership to the website. In the case of Cowbyre Artist Membership being terminated as a result of contravention of the terms and conditions by the Cowbyre Artist Member, no refund of any subscriptions will be paid.

Severability

If any provision or any part of any provision of this Agreement shall be held to be illegal or unenforceable, the enforceability of the remainder of this Agreement shall not be affected.

Force Majeure

if either Party is affected by Force Majeure it shall promptly notify the other Party of the nature and extent of the circumstances in question.
Neither Party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, for any delay in performance or the non-performance of any of its obligations under this Agreement, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other Party, and the time for performance of that obligation shall be extended accordingly.

Indemnity

The Cowbyre Artist Member (whether or not this Agreement has expired or been terminated) will at all times indemnify and keep fully indemnified the Website from and against any actions, claims, proceedings, loss, costs, expenses (including costs and expenses in defending such a matter and its proper compromise) and demands arising directly or indirectly out of or incidental to or in connection with any breach by or on behalf of the Cowbyre Artist Member of its obligations under this Agreement.

Appendix 1: Agency Agreement

The Cowbyre Artist Member appoints the Website as its non-exclusive agent for any Work(s) of Art uploaded to the website based upon the terms and conditions set out in this Agreement.

Image Consignment

The Cowbyre Artist Members using Cowbyre Artworks to promote their artwork shall upload good quality reproductions of their work using either their individual gallery management area or by provision of images in the form of jpegs or pdfs to the Cowbyre Management which are a maximum 1MB in size per image.
Cowbyre Artworks reserves the right to reject an image, text or multimedia uploaded by the Cowbyre Artist Member without assigning a reason for doing so.

Authority

The Cowbyre Artist Member authorises the Website to:

• advertise and market the Work(s) of Art on the Internet;

• facilitate the sales of the Work(s) of Art to customers if requested by the Cowbyre Artist Member

Cowbyre Artworks reserves the right to decline to facilitate the sale of work between a Cowbyre Artist Member and buyer.

The Cowbyre Artist Member shall not be entitled itself to negotiate and sell Work(s) of Art uploaded to the online store direct to Cowbyre buyers unless with the specific permission of Cowbyre Artworks.

Title

The Cowbyre Artist Member has created the Work(s) of Art and possesses unencumbered title to all Work(s) of Art consigned by it to the Gallery under this Agreement.
The Cowbyre Artist Member warrants that they own all copyright in the content, or if not the owner, they have permission to use the content, and have the right to display, reproduce and sell the content.

Sale of Artwork

Artists may sell artwork through Cowbyre Artworks. Cowbyre Artworks offers three approaches to selling artwork online:

1. Listing for free and paying 15% commission on completed sales.

2. Payment of 8% commission for listing with no further fee on sale.

3. Opening an individual online shop within the Cowbyre Artworks shop for an annual subscription of £250 with no further fees payable.

Cowbyre Artworks will not tolerate/accept any responsibility for any sales undertaken directly between the artist and buyer. This will be considered a breach of contract.
It is the artist’s responsibility to ensure that details of artwork offered for sale are correct both in terms of availability and description of artwork.

Cowbyre Artworks’ Undertakings

Cowbyre Artworks undertakes to Cowbyre Artist Members to use its reasonable endeavours:

• to promote and increase sales of the Work(s) of Art;

• not to incur any liability on behalf of the Cowbyre Artist Member, make any contract binding upon the Cowbyre Artist Member, give or make or purport to give or make any promises, representations, warranties or guarantees with reference to the Work(s) of Art, except such as are expressly permitted by this Agreement or are expressly authorised by the Cowbyre Artist Member in writing;

• to bear fully all its own costs and expenses incurred in connection with the agency granted under this Agreement;

• to comply fully and immediately with all relevant laws and regulations and with any lawful instruction issued by the Cowbyre Artist Member in connection with the agency granted under this Agreement;

Appendix 2: Terms and conditions of Sale

The following conditions apply to the purchase of any work of art displayed on the Web Site (the ‘Work(s) of Art’) when the sale is facilitated by Cowbyre Artworks. Cowbyre Artworks will accept no responsibility for any sales undertaken directly between the artist and buyer.

Transactions

Cowbyre Artworks operates on a first-come basis, with all orders for Work(s) of Art to be sent via the Websites online shop. The Buyer, who notifies the Cowbyre Artworks of an intention to buy a particular Work(s) of Art first, shall have first rights to purchase. In the event that two or more Buyers have interest in the same Work(s) of Art, determination of which Buyer came first will be determined by the time and date of the order.
Any sale facilitated by Cowbyre Artworks must follow the following process:

1. Buyer sends payment to Cowbyre Artworks

2. Cowbyre Artist Member sends artwork to buyer (the artist is responsible for the cost of postage and insurance)

3. Once received, the buyer has a fourteen day approval period

4. If the buyer is happy with the artwork the money is released by Cowbyre Artworks to the Cowbyre Artist Member minus the agreed commission/payment transaction fees applicable.

5. If the buyer decides that they do not wish to keep the artwork, they are responsible for the costs of returning the item to the artist (including insurance). Once the Cowbyre Artist Member has received the artwork, Cowbyre Artworks provides a full refund to the buyer (this does not include the cost of returning the artwork back to the artist).Please see the Refunds and Returns policy.

Images

The buyer agrees that the images of the Work(s) of Art on the Website are guidelines only. The Cowbyre Artworks will accept no responsibility for differences between the Website Images and the actual Work(s) of Art. It is the responsibility of the Cowbyre Artist Member to ensure the accuracy of the images supplied by them.

Delivery and Payment for works of art

Payment for all works herein shall be in UK Pounds Sterling for the advertised price of works including post and packing where applicable. The buyer shall make payment to Cowbyre Artworks via the Paypal secure payment system provided through the site.
Alternative methods of payment may be used at the discretion of Cowbyre Artworks.
Upon receipt of a customer order for Work(s) of Art, Cowbyre Artworks shall provide the Cowbyre Artist Member with full delivery details.
All Work(s) of Art shall be delivered directly by the Cowbyre Artist Member to the customer and the Cowbyre Artist Member is responsible for the costs of delivery.
The Price shall be paid by Cowbyre Artworks to the Cowbyre Artist Member less the Commission automatically within fifty eight days (58) of the customer receiving the Works of Art provided the Buyer does not return the Works of Art pursuant to its rights under this agreement. Cowbyre Artist Members may claim payment earlier than the 58 stated days in cases where the item has been in the hands of the buyer for a period of 14 days & no dispute has arisen.
Returns shall be made to the Cowbyre Artist Member and the buyer shall be responsible for all return costs.  The Cowbyre Artist Member shall notify Cowbyre Artworks of all returns it receives.

Commission

Commission shall be paid where applicable to Cowbyre Artworks by the Cowbyre Artist Member on all Work(s) of Art sold as facilitated by Cowbyre Artworks under this Agreement. The commission payable will be deducted from the original price of the artwork.
Cowbyre Artist Members hosting their own Cowbyre shop within the Cowbyre website shall pay no commission on sales, but will pay any costs for payment processing (such as PayPal commission or cheque banking fees).

Delivery and Insurance

All art purchase shipments are from the Cowbyre Artist Member to the buyer. Delivery services for Work(s) of Art purchased through Cowbyre Artworks will vary by Cowbyre Artist Members and Buyers. Cowbyre Artworks takes no responsibility for delivery services.
The Cowbyre Artist Member is responsible for the insurance of all Work(s) of Art created by him or her during delivery to the buyer. Delivery costs including insurance will be stated if additional to the original price of the work.

Refunds and Return Policy

The buyer must notify Cowbyre Artworks within fourteen (14) days from the date of receipt of the Work(s) of Art by e-mail to info@cowbyreartworks.co.uk of any intended return. After this time, all sales are final. The buyer may return any Work(s) of Art acquired for a complete refund, provided that:

• returns of Work(s) of Art from the buyer shall be to the Cowbyre Artist Member upon receipt of your email by Cowbyre Artworks. Details of the return address will be sent to the buyer by email.

• the Work(s) of Art shall be returned in same condition received and within seven (7) days from the date of notification of such return.

The buyer is responsible for return shipping costs including insurance which must be provided. No refund will be given until the item has arrived satisfactorily back with the artist in its original condition. If the item is deemed to be faulty by fault of the Cowbyre Artist Member, return postage fees will be refunded to the buyer and the Cowbyre Artist Member agrees to pay such fees.
There is no right to return the Work(s) of Art where the Work(s) of Art have been made to the Buyer’s specifications or have been personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

The Cowbyre Artist Member

All dealings are subject to the consent of the Cowbyre Artist Member.
The Cowbyre Artist Member warrants that he/she created and possesses unencumbered title to all Work(s) of Art under the Terms and Conditions of Sale. Title to the Work(s) of Art will transfer to the buyer upon possession.
Unless otherwise specifically indicated, the Work(s) of Art are originals, executed by the Cowbyre Artist Member and are certified to be free from all defects due to faulty craftsmanship or faulty materials for a period of twelve months from the date of sale by the Cowbyre Artist Member.
If flaws should appear during this period and be due to such causes, the Work(s) of Art shall be subject to repair or replacement, at the option of the Cowbyre Artist Member. The Buyer is cautioned, however, that the Cowbyre Artist Member cannot be responsible for fading, cracking, and other damage to these works caused by improvident exposure to sunlight and weather.
It is the Cowbyre Artworks policy that details important to any sale of an artwork are accurate and are communicated accurately to the buyer before a sale takes place. This is the responsibility of the artist.

Cowbyre Artworks

Cowbyre Artworks’ relationship to the Cowbyre Artist Member is as advertiser for the purpose of selling artwork consigned to Cowbyre Artworks.
After the fourteen (14) day approval period, the Buyer accepts the underlying artwork, relieving the Cowbyre Artworks of all responsibility. The Cowbyre Artist Member’s contact details will be provided to the Buyer at the time of purchase. Any future claims due to undiscovered faults, hidden defects or questions of authenticity lie solely between the Cowbyre Artist Member and the Buyer.
The Cowbyre Artworks reserves the right to refuse service to anyone at any time.
The Cowbyre Artworks may, without incurring any liability to the Cowbyre Artist Member, at any time and from time to time, change the presentation of any of the Work(s) of Art or may cease to display or sell any of the Cowbyre Artist Member’s Work(s) of Art on the Website.

Risk

Risk in and all responsibility for the Work(s) of Art shall remain with the Cowbyre Artist Member subject to risk passing to the Buyer upon delivery.

Dispute Resolution

If any dispute arises between the Buyer and/or Cowbyre Artworks and/or the Cowbyre Artist Member the Buyer agrees to attempt to settle it by negotiation.

Copyright in the Work(s) of Art and in the Web Site

The Cowbyre Artist Member reserves all rights protected under English copyright legislation in all Work(s) of Art purchased by the Buyer.
The sale of the underlying work does not include the sale of rights to reproduction in any form unless specifically granted in writing by the Cowbyre Artist Member. Copyright sales are wholly the Cowbyre Artist Member’s privilege and an entirely separate transaction and not part of the underlying sale of the Work(s) of Art.

Appendix 3: Privacy Policy

Our commitment

We are committed to protecting your privacy and promise to use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998.

Information

The type of information we will collect about you includes your name, address, phone number and e-mail address. If at any time you would like to see the information we hold about you please e-mail Angela Kay, Owner, at angela@cowbyreartworks.co.uk If any information is inaccurate we will update our records accordingly.

Emails

We do not send unsolicited marketing emails to personal email addresses. Any requests to be removed from mailing lists will be processed without delay. Please email such requests to info@cowbyreartworks.co.uk.

Confidentiality

We never share personal information related to subscribers or customers with third parties. We ensure that all personal information held within our databases is secure.

Complaints

If you wish to make a complaint about the use of personal information on Cowbyre Artworks please email us at info@cowbyreartworks.co.uk
Our Privacy Policy is regularly reviewed to ensure the security both of our site and your data.