Ezeldotz Seller Terms and Conditions
Who Are You Dealing With?
Ezeldotz is the trading name of Trademylux Limited, a company registered in Scotland with company number SC747669, having its registered office at 20b Drumsheugh Gardens, Edinburgh EH3 7RN. We facilitate the sale of artwork between sellers and buyers primarily through our website, https://ezeldotz.com. These terms set out the conditions under which we provide our services to you as a seller.
Getting Started: What You Need to Do
To list your artwork for sale on Ezeldotz, you need to:
- Sign up for an EzelDotz Account and navigate to the sell page. From here work through the artwork pages which will requst the following details.
- Provide your name, email, and phone number.
- Give precise details about your artwork, including good-quality photographs, dimensions, and proof of ownership.
- Upload high-quality photographs of the artwork following our guidelines.
- Provide additional details like the location of the artwork and your sales priorities (e.g., quick sale, maximized price).
Compliance with Legal Requirements
Before listing your artwork and depending on the value we are required by law to verify your identity under anti-money laundering (AML) legislation. We will conduct this using Smart Search.
How We Will Help You
- Once we have all the necessary information, we will email you to confirm that we can proceed with a market review and valuation of your artwork.
- This valuation will be conducted by our experienced art consultants and reviewed by an art director.
Agreeing on a Sale Price
- After reviewing the valuation, we will agree on a market price with you to list your artwork for sale.
- We will have the exclusive right to market your artwork for 120 days, it will then move into a rollong monthly contract. You can cancel providing 30 days notice.
- If you withdraw your artwork within this period, you will be required to pay a fee of 14% of the agreed sale price plus VAT. If a buyer offers the asking price and you do not deliver the artwork, a fee of 28% will be due.
Marketing Your Artwork
- We will list and market your artwork on our platform, and potentially at one of our affiliated galleries.
- If your artwork doesn’t sell within 60 days, we may suggest adjusting the price.
- We will invest in emails, SEO, PPC and social media to promote your artwork.
Your Responsibilities as a Seller
- You must be the sole legal owner of the artwork and be able to transfer ownership to the buyer without restrictions.
- You must respond promptly to any requests for additional information or photographs.
- You must prepare your artwork for shipping within 48 hours of our request and cooperate with our shipping partner to ensure safe delivery.
Finalizing the Sale
- Once a buyer is found, they will pay us directly, and we will hold the funds in a secure account for 14 days after they receive the artwork.
- We will deduct our commission and any shipping, Artist Resales Rights or other applicable fees before transferring the balance to you.
- Title to the artwork passes to the buyer once the sale is finalized.
Other Important Terms
- We will only use your personal information as set out in our Privacy Policy.
- We do not limit our liability where it would be unlawful to do so.
- This contract is governed by Scottish law, and you can bring legal proceedings in the Scottish courts or the courts of your home jurisdiction.
Who Are You Dealing With?
Ezeldotz is the trading name of Trademylux Limited, a company registered in Scotland with company number SC747669, having its registered office at 20b Drumsheugh Gardens, Edinburgh EH3 7RN. Our VAT number is 450 8964 67. We facilitate the sale of artwork between a seller and a buyer, primarily through our website ezeldotz.com. This document sets out the terms and conditions on which we provide a service to you, as a buyer or potential buyer. We are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
What You Need to Do…
Browse our platform regularly for artworks you love and may wish to buy. If you would like more information on a piece of art we have for sale, please enquire about the artwork, make an offer or buy it now.
Money laundering legislation requires us to identify you before accepting payment, and we will contact you to satisfy this requirement. For purchases over €10,000, we will also require establishing the source of the funds you will use to make the payment.
For any purchase, you will have the right to change your mind and end your contract within 14 days after receipt of the artwork. If you wish to cancel the contract, please contact us by phone or email. If you reject the artwork within 14 days, the cost of return shipping (and in-transit insurance) will be your responsibility and will be deducted from the funds held in our holding account before returning the remainder back to you.
We may end the contract at any time by writing to you if (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due, or (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services. We may write to you to let you know that we are going to stop providing the services. We will let you know as soon as possible if this is the case and we will refund any sums you have paid in advance for services which will not be provided.
How Sell My Art Will Help You…
Before marketing an item for sale, our art consultants undertake a comprehensive market review and provide the seller with a certificate reflecting our estimated market-facing valuation for the artwork. The market-facing valuation will be undertaken by one of our experienced art consultants and thereafter reviewed and agreed upon by an art director.
The purchase price we quote is inclusive of the finder’s fee (buyer commission) plus VAT (if appropriate) and ARR*. Normally, you can expect delivery of your new artwork within 14 days of payment, but the timescale can vary depending on the seller’s circumstances. For your peace of mind, we will allocate the purchase price to a holding account. You will have an opportunity to reject and return the artwork within 14 days following delivery, and in such a case, we will refund the purchase price to you from the holding account, under deduction of any shipping costs incurred by us. Unless you return the artwork to us within the 14-day period, we will assume you are willing to take title to the artwork and we will uplift the purchase price from the holding account and pay the purchase price to the seller after deduction of the finder’s fee and any other deductions authorized by the seller. We shall deduct and personally claim any interest earned on funds held in the holding account.
*Note: As professionals in the art market, ezeldotz.com supports the Artists Resale Right (ARR), which legally entitles EU artists to receive a small percentage of the artwork price whenever an art market professional is involved in the resale of artwork for €1,000 or more. Where payable, this will be the seller’s responsibility and be built into the advertised sales price. You understand and accept that we have taken reasonable steps to confirm the seller has title to the artwork, but we are not in a position to provide a warranty as to the title.
You agree that, based on the information you have provided to us, we will notify you of artworks that we believe you may be interested in buying. We may also contact you in the future with products and services that we think may be relevant based on the information you have provided to us.
Other Important Terms…
We shall not be deemed to be a trustee and shall have no obligations or duties in respect of the holding account other than those expressly set out in this document or in any agreement we enter into with the seller. We will not be held liable for any mistake of fact, error of judgment, or act or omission of any kind unless caused by our willful misconduct or gross negligence. Our rights and your obligations under this paragraph shall survive the termination of our contract. The seller has assured ezeldotz.com that they are the sole legal and beneficial owner of the artwork and are entitled to transfer the legal and beneficial title to the artwork to you free from all encumbrances, without the consent of any other person.
We will only use your personal information as set out in our privacy policy on the website. This contract is between you and us. No other person shall have any rights to enforce any of its terms. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the services, we can still require you to make the payment at a later date.
These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in another jurisdiction, you can bring legal proceedings in respect of the services in either the courts of your home jurisdiction or the Scottish courts.
