Terms of Service
You and Your USER account on this website
THE MARKETPLACE: Definition: An online e-commerce marketplace, is a type of e-commerce site where product or service information is provided by multiple third parties, whereas transactions are processed and fulfilled by the marketplace operator, in this agreement the marketplace is designated to be: www.curatedmac.com
Curated by MAC Fine Art
833 NE 4th Ave
Fort Lauderdale, Florida 33304
(954) 990 5420
1) The Artist appoints The Marketplace as agent for the works of art (“the Artworks”) represented under this Agreement, for the purposes of exhibition and sale on curatedmac.com. The Marketplace shall not permit the Artworks to be used for any other purposes without the written consent of the Artist. This agreement applies only to works consigned under this Agreement and does not make The Marketplace a general agent for any other works.
2) The Artist hereby agrees to upload work to The Marketplace for consideration and The Marketplace has the sole right to accept any of the Artworks listed on Artists account/profile page which then would become part of this Agreement. Once an artist is accepted on The Marketplace, going forward, all Inventory added by them over time on their account/profile page which is accepted by the marketplace are included in this agreement. The Marketplace reserves the right to reject artworks at the Owners discretion at anytime.
3) Works of art may be submitted for representation by The Artist or his/her designated dealer. However, The Artist hereby warrants that he/she created and possesses unencumbered title to the Artworks, and that their descriptions are true and accurate.
4) The Artist and The Marketplace agree that the initial term of representation for the Artworks is to be 12 months, or until the works are sold and notification of sale has been relayed to Marketplace. If the artist sells any of the works being offered on The Marketplace they must update their listings on their Artists account/profile page immediately. Failure to update the offerings on the artists account/profile page may result in termination of this representation agreement.
5) Once artwork is sold, The artist/Dealer is responsible for the delivery of Artworks to The Marketplace’s main facility in Ft Lauderdale, Fl. Artist and Dealer must deliver the sold Artwork to The Marketplace within 10 days. The Artist/ Dealer is responsible for all packing and shipping charges, insurance costs, other handling expenses, plus risk of loss or damage incurred in shipping the artwork to The Marketplace facility. After the artwork arrives at The Marketplace facility The Marketplace shall be responsible for the safekeeping of all Artworks while they are in their facility.
6) The Marketplace is solely responsible for delivery and/or shipment of The Artworks to the actual buyer. The Marketplace is responsible for packing, re-packing, shipping charges, insurance costs, and other handling expenses, including loss or damage incurred in the delivery of Artworks to the buyer.
7) Artist’s and Marketplace’s Commission Terms of Payment are as follows. The Marketplace and the Artist agree that the Artist’s commission is to be a designated portion of the retail price listed on the Artists account/profile page. Any changes made in the Retail Price will take effect 30 days after the Artist has requested the change, Payment to the Artist shall be made by the Marketplace within 30 days of the completion of the sale to the client. Completion of the sale is considered to be after the the buyer has paid in full and is in possession of the artwork. Title to each of the Artworks remains with the Artist until the Artist has been paid the full amount owed to him or her for the Artworks; title then passes directly to the purchaser. Any additional commissions for Art Dealers will be decided on a case to case basis.
8) Termination of Agreement. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either the Marketplace or the Artist, by giving email notification of termination from either party to the other. In the event of the Artist’s death, the legally authorized estate of the Artist shall have the right to terminate the Agreement. Within thirty days of the notification of termination, all accounts shall be settled and all unsold Artworks shall be removed from curatedmac.com.
9) The Marketplace is a new service and therefore reserves the right to edit this agreement as necessary. A updated version of these terms will remain on the artists portal for you to review.
10) Choice of Law. This Agreement shall be governed by the law of the State of Florida, Broward County. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration to be mutually agreed. Any Marketplace liability on art sold is limited to the portion of proceeds normally due to the artist or dealer based on the retail pricing established on the marketplace site.
By becoming a USER on this website you are agreeing to the above.