Terms & Conditions

Entry Terms & Conditions

Terms and Conditions of Entry to the Exhibition and Sale of Your Work(s)

These Terms and Conditions ("the Terms") apply to your entry of artwork ("the Work(s)") in The Art Department Exhibition ("the Exhibition") and the facilitation of the sale of your Work(s) by the The Art Department during the Exhibition.

The Exhibition will take place at The Art Department.

"You" and "Your" shall refer to the person submitting the Work(s) and potentially selling the submitted Work(s).

Please read these Terms carefully before completing Your entry form ("the Entry Form") as they will form the contract between You and The Art Department.

1. The Art Department, Paisley Ltd is a not-for-profit, Company Limited by Guarantee & Scottish Charity.

1.1 From 2015-2024 the company was known as Outspoken Arts Scotland Ltd and from 1995-2015 originally as Gala Scotland Ltd. The Company was formed to run the former Glasgay! LGBT arts festival, which ran from 1993-2014. The company relocated to Paisley in 2018 after its work on the PAISLEY 2021 CITY OF CULTURE BID.  The Company is funded by Creative Scotland and Renfrewshire Council. The Company also receives commercial sponsorship and occasional grants from various trusts and foundations.

A Company Limited by Guarantee, registered in Scotland No SC157153
A Scottish Charity No. SC023620. VAT No. 797 3863 59

Registered Office: 10-2 Causeyside Street, Paisley PA1 1UQ
Tel 0141 847 1122 mailto:contact@art-department.org

2. Who May Enter Work(s) to the Art Department

You may submit Work(s) to the Exhibition if:

2.1 You are the Artist or creator of the Work(s), or You are expressly authorised as a gallery, agent or other representative to submit the Work(s) on behalf of the Artist or are expressly authorised by the estate of a deceased Artist to do so. If You are so authorised, You agree to be bound by these Terms and assume the liabilities set out in these Terms.

3. Ownership and Submission of the Work(s)

3.1 You must ensure that each submitted Work conforms to all applicable health and safety standards and regulations. You agree to indemnify The Art Department, its staff and visitors to the Exhibition for any loss, damage, cost or expense which results or arises from a breach of such standards and regulations.

3.2 By submitting Your Work(s), You confirm that each Work is in a condition to withstand the normal rigours of packing, transportation, handling, assembling and display at The Art Department. You confirm that You do not know of any damage or defect in the Work which makes the Work unfit for exhibiting at the Exhibition or which might affect its safe packing, storage and shipping.

3.3 By submitting Your Work(s), You confirm that each Work is free and clear of any liens, claims, encumbrances or restrictions, that the use of the Work under these Terms will not infringe upon or violate the rights of any person or entity, and that to the best of Your knowledge and belief the Work has not been exported from any country and shall not be imported into the United Kingdom in violation of any applicable laws or regulations.

3.4 If You do not own all of the rights, title and interest in and to a Work, You must expressly inform The Art Department in writing of all relevant details concerning all other third parties' rights to that Work. You shall indemnify The Art Department against all losses, liabilities, costs and expenses in respect of claims made by third parties alleging partial or total ownership of the Work or any rights in the Work, including intellectual property rights.

4. Packing, Shipment, and Transportation

4.1 The Work(s) shall be delivered, either in-person, or by courier, to The Art Department during the dates of the HAND-IN period, as supplied to You.

4.2 The Art Department shall not be responsible for the condition, on arrival, of Work(s). Damaged Work(s) may be removed or rejected, pending a review and repair assessment. The costs of any repairs are liable to You and are not the responsibility of The Art Department.

4.3 The Art Department uses cling wrap and packaging tape to prepare Work(s) for collection. No additional packaging materials such as bubble wrap, or cardboard, will be retained. Any packaging materials required for safe transportation of Work(s) after the exhibitions ends, are the responsibility of You, and not The Art Department.

4.4 Unless a Work is sold and released against the presentation of the removal order (“Removal Order”) in accordance with Clause 10, the Work will be available for collection during the hand-back period after the exhibition ends. If collecting by Courier, these arrangements, packaging, and associated costs, are Your responsibility, not that of The Art Department.

5. Insurance

5.1 You agree that The Art Department’s applicable combined insurance policy will indemnify You in the event of loss or damage to the Work whilst in situ at The Art Department  and on display at the Exhibition. Unless the Work is sold and is not being returned to You, whereupon You will be responsible for insurance of the Work in transit to and from The Art Department. You hereby accept that The Art Department's applicable insurance is subject to certain exclusions and terms and conditions. Any compensation payable to You for damage to the Work will be subject to coverage provisions and limitations on liability applicable at the time of making a claim under The Art Department insurance policy.

5.2 For any insurance claim purposes You may be asked to provide The Art Department, with a written confirmation of the current insurance value of the Work, as determined by an independent art valuation expert, if possible, within the preceding three-year period.

6. Refusal of or Withdrawal of Work(s) by The Art Department

6.1 The Art Department reserves the right to deny admission or withdraw a Work from the Exhibition if for any reason the Work, or any circumstances surrounding the display of the Work, appears to The Art Department to expose it to potential or actual damage to its reputation, risk of legal proceedings or enforcement including, without limitation, the alleged breach of third-party intellectual property rights.

6.2 No Work that has been accepted and displayed in the Exhibition may be removed by You prior to the close of the Exhibition.

6.3 Forced removal of Work(s) by You prior to the close of the Exhibition will result in a “Forced Removal Penalty” equivalent to £10 per Work, per week, for the remaining duration of the Exhibition.

7. Sale of Works and The Art Department’s Commission

7.1 The sale of any Work exhibited in the Exhibition, is the responsibility of The Art Department, Paisley Ltd only and will be subject to a payment of 50% commission ("the Commission") (plus any applicable VAT) to The Art Department. The Commission will be charged on the VAT exclusive sales price of such Work, and may including UK postage and packing costs for sending unframed prints from editions to the purchaser (“the Purchaser”), as agreed between the Purchaser and The Art Department, Paisley Ltd. No private sale offline or online by you or any other party is permitted during the period of the Exhibition dates.

7.2 Commission payments at 50% (+VAT on commission element) of sale price is received by The Art Department and be used to support The Art Department’s general charitable activities. Commission payments are subject to 20% VAT and will be shown to You in a Remittance Advice issued 28 days after the Exhibition closes.

7.3 Any disputes relating to a sale of Your Work(s) shall be resolved directly between The Art Department and the respective Purchaser.

7.8 The Art Department does not provide the Purchaser's details to You as The Art Department must comply with all relevant data protection legislation in respect of such Personal Data. 

7.9 In accordance with anti-money laundering legislation introduced in 2020, The Art Department is required to make identification and screening checks on buyers for high-value orders. This may apply where Your Work(s) is/are included in a high-value sale of multiple works. The necessary checks will be processed by The Art Department carrying out any required customer due diligence where the Purchaser is considered to be an ‘Art Market Participant’ (this mainly applies to agents, dealers and galleries). 

7.10 Prices of Work(s) for sale, provided on the Entry Form, will be printed in the Exhibition List of Works and the online List of Works. No changes to prices stated on the Entry Form may be made after the Entry Form has been submitted. Prices supplied on the Entry Form should take into consideration The Art Department’s Commission plus VAT, as outlined above.

8. VAT

8.1 If You are registered for UK VAT, You will be required to provide The Art Department, Paisley Ltd with a VAT invoice for the full sale price of the Work(s). All arrangements regarding the sale of the Work(s) shall be made in writing.

8.2 If You do not have a UK residence You will have to register for UK VAT and supply a UK VAT number to us if You wish to sell Your Work(s) in the Exhibition. Failure to do this will entitle the The Art Department to withdraw Your Work(s) from sale in the Exhibition. 

8.3 Owing to new European Union legislation, You will not be able to make Work(s) with a total value of £150 or less available for sale through The Art Department to EU buyers. If You live outside the UK or intend to supply unframed prints or sculpture casts from outside the UK, You will not be able to make any Work with a net value of £135 or less available for sale in the Exhibition. 

9. Distance Sales

9.1 Your Work(s) may be made available for purchase by means of distance selling (i.e. online through the The Art Department’s website or by telephone) and if so, You agree to comply with the distance selling rules contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("the Regulations"). [Note: Discuss]

9.2 Unless You tell us that You do not want Your Work(s) to be sold by telephone or online, the intending Purchaser will be able to pay for the Artwork through these channels.

9.3 In order to comply with the Regulations, the following procedure will take place:

9.3.1 Shortly after the Sales has been processed by The Art Department, The Art Department will notify artists via its website and a published SOLD ARTWORK LIST.  The Purchaser on paper or on some other 'durable medium' such as an email. The Key Information will must include:

• a description of the Work;

• the total price of the Work;

• The Art Department's details, including geographical address and phone number.

9.4 You agree that every Purchaser is entitled to cancel the purchase of Your Work(s) purchased by a distance sale from the moment In the event of a cancellation, You agree to the Purchaser's right to a refund which means that The Art Department must refund the Purchaser within 14 days of the date of delivery, handover or collection . We will notify You of a cancellation straight away and The Art Department will then return the Sales monies to the Purchaser, less a small admin charge.

9.8 You hereby indemnify The Art Department for any claims from third parties resulting from the breach of Your obligations under Clause 9.

10. Close of the Exhibition for Exhibited Work(s)

10.1 If any Work has been sold before the close of the Exhibition The Art Department will be responsible for its safe removal and handover to the Purchaser.  The Art Department may at its discretion issue an updated Removal Order, including changes to the specified period for collection of Works, where circumstances make this necessary.   Sold Work(s) will not be released by The Art Department to the Purchaser without the Purchaser presenting a receipt as proof of purchase for the appropriate Work(s). Purchasers may also be asked to confirm their identity.

10.2 If any sold Work has not been removed by the dates specified on Hand-Back information (including any adjusted date as notified by The Art Department), The Art Department may exercise its right to charge a storage fee of £10 per week per Work or part thereof in respect of each such Work. The charge shall be payable by the person presenting the Sales Order.

10.2 alt Unsold Work which has not been collected by You during the hand-back period will be charged a storage fee of £10 per week per Work, for a total of three months, after which the Work may be disposed of by any other means or may be be destroyed.

10.3 No Work that has been sold during the Exhibition may be removed by the Purchaser prior to the close of the Exhibition.

10.5 If any sold Work has not been removed within three months of the final collection date for exhibited works given in the exhibition schedule (including any adjusted date as notified by The Art Department), You will arrange for the Work to be collected from The Art Department and You will be responsible for any transportation costs.

11. Online Access

11.1 While The Art Department endeavours to ensure that the Exhibition website ("the Website") is available 24 hours a day, The Art Department will not be liable if for any reason the Website is unavailable in part or whole at any time or for any period including, without limitation, during the last 24 hours before the submission deadline. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond The Art Department's control.

12. Intellectual Property Rights

12.1 By submitting a Work, You confirm that either You or the Artist hold all intellectual property rights in the Work and that You or the Artist have obtained any third-party consents required for the use of third-party-owned material contained in the Work.

12.2  By submitting a Work, You consent to The Art Department, Paisley Limited (company no. SC157153) for the following purposes:

12.2.1 taking an image of, filming or making available the whole or any part of the Work, including but not limited to the right to include the Work in any broadcast (and rebroadcast) by any broadcaster (including but not limited to the BBC) and any licensees of any broadcaster;

12.2.2 filming, broadcasting and/or reproducing the whole or any part of the Work for archival, educational, publicity and marketing (including without limitation on The Art Department website, Exhibition posters, leaflets, private view cards, postcards and all forms of social media), press, signage, gallery guide and for catalogue purposes;

12.2.3 rephotographing the Work, if required, for promotion on The Art Department’s social media channels and website exhibition pages , the online list of works and point of sales platform, and uses mentioned in clause 12.2.2;

12.2.4 reproducing the whole or any part of the image(s) which You have supplied to The Art Department for the purposes set out above.

12.3 The consent set out in Clause 12.2 is irrevocable and given without payment of any fee or royalty and includes consent to make available the Work in all media (including without limitation all forms of electronic and social media) for perpetuity and on a world-wide basis.

12.4 By submitting a Work, You agree that members of the public will be allowed to take photographs of the Work (alone or in combination with other works) for personal and non-commercial use during the Exhibition period. The Art Department will install notices in the Exhibition indicating that photography is permitted provided it is for personal and non-commercial use. The Art Department will not be responsible for any use by visitors of images of the Work, including where such images are exploited commercially in violation of the permission given, or in any other way, and in such circumstances it is up to You to defend the Artist’s and/or Your intellectual property rights in the Work and any other applicable rights.

13. Limitation of Liability

13.1 Except as provided in this Clause 13, The Art Department shall have no liability to You or the Artist whatsoever for any loss of business or profits, loss or damage to reputation, or for any indirect or consequential loss or damage of whatever nature, howsoever caused, whether occurring in contract, tort (including negligence) or otherwise arising out of or in connection with the Exhibition.

13.2 Nothing in these Terms shall have the effect of limiting or excluding either party’s liability to the other for death or personal injury caused by its own negligence or caused by its fraud (including fraudulent misrepresentation).

13.3 Subject to Clause 13.2, the entire liability of The Art Department to You arising out of or in connection with the Exhibition, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, shall not exceed:

13.3.1 the value of the Work as stated in the Entry Form or

13.3.2 the value of the Work determined in accordance with the valuation process set out in Clause 13.6, and in either case, if the Work is for sale, less the amount representing The Art Department’s Commission.

13.4 At the time of receipt or at any time while in The Art Department's custody, The Art Department agrees that any evidence of damage or loss to a Work will be reported immediately to You by email or telephone (followed by confirmation in writing). No repair, restoration or alteration of a Work will be undertaken by The Art Department or The Art Department's agents without first obtaining Your express written permission.

13.5 In the event of partial or total loss of a Work, Your sole redress shall be through The Art Department's combined insurance policy. On the basis that The Art Department has implemented the insurance set out in Clause 5.1, The Art Department hereby excludes all liability to You whether in contract or tort or otherwise for damages or loss to the Work(s) or otherwise arising under or in connection with the Terms.

13.6 If The Art Department disputes the value of the Work or the amount of the damage to the Work, the dispute as to the value or the amount shall be referred, independently of any issue as to liability, to an expert independent valuer to be chosen by The Art Department provided that the valuer’s determination shall not exceed The Art Department’s maximum liability in accordance with Clause 13.3. The valuer shall act as an expert and not an arbitrator. The valuer’s decision shall be final and shall be conclusive evidence of the value of the Work or the amount of the damage to the Work. The valuer’s costs will be borne equally between The Art Department and You. You shall not be entitled to begin or maintain any action in respect of any damage until the valuer has made a decision in accordance with Clause 13.6 as to the value of the damage and such action shall then be only for the amount determined by the valuer, again subject to The Art Department’s maximum liability.

14. Third Parties

14.1 No third party shall have any rights under or in relation to the Terms.

15. Force Majeure

15.1 For the purposes of these Terms, a Force Majeure Event means an event beyond the reasonable control of The Art Department including but not limited to strikes, failure of a utility service or transport networks, act of God, terrorism, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, pandemic or epidemic or any significant resurgence thereof, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. The Art Department shall not be liable to You under these Terms as a result of a Force Majeure Event.

16. Severance

16.1 If a court or any other competent authority finds that any provision of the Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other Terms shall not be affected.

17. Entire Agreement

17.1 These Terms contain the whole agreement between the parties relating to the subject matter of this agreement at the date hereof to the exclusion of any terms implied by law which may be excluded by contract. Each of the parties agrees that it has not entered into these Terms in reliance on any representation, warranty, undertaking or other statement, expressed or implied, orally or in writing, given or made by or on behalf of the other party except in so far as contained in these Terms. This clause shall not apply to any representation, warranty, undertaking or statement made fraudulently or which was induced by fraud.

18. Law and Jurisdiction

18.1 These Terms and the contract of which they form part shall be governed by and construed in accordance with English law. Any disputes arising in relation to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18.1 alt These terms and the contract which they form shall be governed by and construed in accordance with Scottish Law. Any disputes arising in relation to these Terms shall be subject to the exclusive jurisdiction of the courts of Scotland.

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