1st June 2015
The present Conditions of Sale for Artists are applicable in addition to the Terms and Conditions available for consultation on the Website.
Company 40 holds ownership of EARLY WORK, this latter acting as a service which presents young artists with the opportunity to exhibit their Work(s) via an Internet platform, promote their Work(s) to a wider audience and have the possibility of selling their Work(s). EARLY WORK is based on the model of a marketplace, and represents a meeting point for supply and demand.
EARLY WORK is a marketplace that enables students, who are conventionally attending art school, and graduate artists of fewer than five years, the opportunity to sell their work at a fixed price. The purchase of an artwork is unconditionally open to the aforementioned, providing the legal conditions necessary for a sales contract can be satisfied.
EARLY WORK does not hold in its possession the artworks for sale on the Website.
In its capacity as a marketplace, EARLY WORK does not intervene in the transaction between Buyer and Seller. Thus, the sales contract is agreed directly between Buyer and Seller. EARLY WORK makes every effort to ensure that the sale is effected under the best possible conditions (notably by advising all contracting partners on the best delivery methods; suitable insurance; the presentation of objects for sale; and by taking responsibility for the shipping fees as outlined in the Terms and Conditions). Nevertheless, in respect of its role as a third party in the sale; EARLY WORK cannot be engaged on the sales contract.
The following terms headed by capitals retain the meanings as defined in the Terms and Conditions and in the Conditions of Sale for Artists.
Selection Committee defines the committee created by EARLY WORK, constituting professionals in the field of art who have undertaken the responsibility of selecting the Works and/or collections of Works presented on the Website, through a process of consideration of their artistic merit and their economic potential. The Selection Committee gives its opinion on the Works presented as a gesture of advice.
Seller defines a student artist or a graduate artist, of fewer than five years, who chooses to present their Work — created uniquely by the Seller —for sale on the Website. The latter is, in this instance, considered to be the contractor. Seller can also be employed as a term to define student artists or graduate artists of fewer than five years who present one (1) or more artworks created exclusively by themselves.
Price of Work defines the sale price used to calculate the Commission. The Price of Work is ultimately fixed by the Seller with help from the EARLY WORK team.
Retail Price defines the sum ATI (all taxes included) exchanged by the buyer in return for a Work. Retail Price includes Commission and Shipping Fees. For shipping outside mainland France, Monaco, Corsica and Andorra, additional Shipping Fees may be applicable. The amount is paid into the escrow account belonging to Company 40 to ensure the highest possible security during the transaction.
The present Conditions of Sale for Artists aims to define the conditions pertaining to any benefit gained by the Buyer regarding the sale of their Work through EARLY WORK.
Conditions of Sale for Artists can be defined as a contract held between the contractor (the Seller) and an intermediary (EARLY WORK), representing the latter as committed to doing their upmost to present the contractor with a responsive party, willing to complete the proposed contract as it conforms to the information available on the Website.
In order for the Seller to be able to benefit from EARLY WORK, the Seller must present EARLY WORK with the Works they wish to display for sale on the Website. EARLY WORK submits the Work to its Selection Committee, who will decide whether the Work is appropriate for sale on the EARLY WORK Website, giving due consideration to the quality and perceived interest of the Work.
The Selection Committee will give a favorable or unfavorable opinion.
In the event of an unfavorable opinion by the Selection Committee, EARLY WORK reserves the discretionary right to refuse to display the Work for sale on the Website, wholly without prejudicing the Seller. In this scenario, the present contract becomes null and void.
Once the Work has been validated by EARLY WORK as appropriate to be displayed for sale on the Website, its value is determined in order to give an estimated Price.
Valuation fees are accounted for by EARLY WORK.
In the interest of the valuation, the Seller is asked to communicate all information relative to the Work chosen for sale, crucially the Certificate of Authenticity; the weight, measurements; technique used; year of production; the Seller's artistic and geographical background, the various successive restorations which may have been applied to the Work; a press review possibly based on the Work; and exhibition catalogues featuring the Work. The Seller should act to inform EARLY WORK of the aforementioned information using the document entitled "Artist Submission" available here.
EARLY WORK will notify the Seller of its valuation of the Work once this has been accomplished. The final process of fixing the price of the Work is completed solely by the Seller.
From the moment the Seller displays a Work for sale on the Website, they accept, and are bound to, the EARLY WORK Terms and Conditions and to the EARLY WORK Conditions of Sale for Artists.
The Seller also accepts responsibility for the exactitude, of both the content and the legal status, of the Works displayed for sale.
The Seller confirms their full legal right to the sale of the Work.
The Seller is obliged to give EARLY WORK the Commission, as stated in Article 8 of the present contract, as soon as the sale between Seller and Buyer is complete. The Seller's obligation to pay the Commission is only binding if the main contract between Buyer and Seller is complete.
The Seller must not refuse to conclude the sale for any reason other than that which is deemed to be of sufficient seriousness and legitimacy.
The Seller is committed to providing the Buyer with all relevant information regarding the transfer of the Work, in this instance representing the goods and thus the object of the transaction, to the Buyer.
The Seller is obliged to refrain from providing incorrect or erroneous information, particularly with regards to data concerning the individual, the Work and the listing.
With regards to the delivery of the Work to the Buyer, a process which is effected by the Seller, the latter must abide by the following procedure:
The Seller is committed to providing EARLY WORK with the size (height, width, length) and the weight of the Work in accordance with the following categories: — 0 to 8 kilograms, 8 to 25 kilograms, greater than 25 kilograms —, to enable EARLY WORK to prepare the delivery note;
The Seller validates with the EARLY WORK team the quality of the packaging protecting the Work;
Following the successful validation of the packaging, EARLY WORK issues and sends the pre-payed delivery note to the Seller;
The Seller consigns the package to the courier.
If the delivery details given to EARLY WORK are incorrect, the Seller is ultimately responsible for any additional Shipping Fees incurred.
Packaging Costs for the Work are reimbursed under the restrictions of the conditions, limited to the following amounts:
Ten (10) euros for each Work;
Four percent (4%) of the total amount constituting the Price of the Work as recorded in the present contract.
Packaging Costs pertaining to the Work are reimbursed only under the condition that the Seller can provide EARLY WORK with evidence of the necessary receipts detailing the Packaging Costs. The necessary evidence constitutes invoices pertaining to the purchase of the packaging. The following information must be clearly displayed on any evidence sent to EARLY WORK: Company 40, 8 rue du Foin 75003 Paris.
In the event where the Seller independently fills in the delivery note and records the Buyer's address themselves, the Seller will be held responsible for all missing or erroneous information which could cause additional Shipping Fees. In this instance, the delivery note given to the courier will serve as proof.
The Seller is obliged to complete all necessary legal and fiscal procedures necessary to ensure the Buyer successfully receives the Work. These responsibilities comprise customs and administrative charges which are solely the responsibility of the Seller. The Seller is committed to respecting all current laws and regulations governing the sale of the Work.
No obligation whatsoever is held by EARLY WORK with regards to the resulting sale, or otherwise, of the Work. EARLY WORK is committed to using every available means to ensure the sale of the work. EARLY WORK is especially committed to verifying the creditworthiness of the potential Buyer. EARLY WORK is solely a simple intermediary and, as such, cannot be held responsible for the violation of the obligations in the agreed contract by one of the parties involved, principally because of its lack of intervention, nor can it be held accountable for the non-conclusion of the contract aside from in the event of particular faults on its behalf.
Due to its capacity for intervention, EARLY WORK is committed to reimbursing the Seller for the delivery costs pertaining to the Work only in the instance where EARLY WORK is provided with the receipts clearly detailing the Delivery Costs.
EARLY WORK is committed to ascertaining that the Buyer has successfully received the Work and, following the legal 14-day withdrawal period, will transfer the Price of the Work to the Seller, taking into account the deduction corresponding to the Commission taken by EARLY WORK, as outlined in the conditions expressed in Article 8 of this contract.
As soon as the contract has been signed, the Seller grants EARLY WORK exclusive rights to the sale of the Work and, from this point onwards, prohibits any sales propositions and/or the sale of the Work regardless of their manner, other than via the Website, for a duration of twelve (12) months. This period can be tacitly renewed.
In payment for the entirety of services realized (namely the action of mediation, communication, valuation of the Work and the action of publicizing the work to potential buyers), the Seller will pay EARLY WORK a commission equalling 50% ATI of the total sum pertaining to the Price of the Work, solely in the event of the Work being sold. The Commission is calculated on the Price of the Work as detailed in the contract and is not, conversely, calculated on the Retail Price, as displayed on the Website, which includes Shipping Fees.
For every sale, EARLY WORK will send the Seller an electronic or postal invoice detailing the Commission owed pertaining to the previous month.
Within the framework of a brokerage transaction completed on the Website, the Buyer is bound to pay the Retail Price to EARLY WORK. EARLY WORK is committed to informing the Seller of the successful reception of payment within two days of this payment being received.
To be counted from the moment the Buyer receives the Work, and once the 14-day withdrawal period has expired, the Price of the Work will be paid to the Seller, minus the 50% of the Price of the Work sold taken as Commission, as detailed in Article 8 of the present contract.
EARLY WORK cannot be held in any way responsible for the difference between the total estimated amount received from the sale and the real amount as received in payment, if this difference is linked to variation in exchange rates.
The Seller is bound to guarantee that they are the sole owner of the Work, in its capacity as physical property, and to declare that they have the right to enter into a contract with EARLY WORK pertaining to the sale of the Work on the Website. By consequence, this contract protects EARLY WORK from any objection, claim and/or appeals from third parties with regards to the Work's status as physical property.
The Seller freely gives EARLY WORK the right to use the intellectual property rights governing the Work and guarantees EARLY WORK against all use of this Work for the duration of the present contract, as detailed in Article 7. Essentially, the Seller gives EARLY WORK reproduction and representation rights relating to the Work and pertaining to its representation on the Website, in addition to all methods of communication and promotion used by EARLY WORK (press, television, Internet, printed and digital publication).
EARLY WORK is committed to respecting copyright pertaining to the Work and, notably, to its faithful reproduction concerning its presentation for sale on the Website, and will act to avoid any violation of the integrity of the Work.
The Seller will be responsible for the payment of the Resale Right to authors, or their beneficiaries, as outlined in Article L122-8 of the Code de la propriété intellectuelle (Code of Intellectual Property).
The present Terms and Conditions are subject under French law. All disputes relative to their interpretation and/or to their execution incurs French jurisdiction.