One Off The Wall is a service and social network for artists and art buyers. It provides artists with a platform to sell original art using our free online gallery and buyers with the opportunity to browse and buy original pieces of art.
www.oneoffthewall.com / www.oneoffthewall.co.uk / www.1offthewall.com / www.1offthewall.co.uk
Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions.
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own user name and password, where required to access your customer account. You should ensure that you store your user name and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account user name and password or other details have become known to a third party, you should inform us immediately.
4.1 Artists and One Off The Wall make every effort to ensure that the pricing displayed on our website is correct. If an error in the pricing of a product is found we reserve the right to request additional payment or refund any over-payment as applicable. In the event that additional payment is refused by the customer, One Off The Wall reserve the right to cancel the order.
4.2 The process of placing an order can be amended by us at any time up to the electronic confirmation of the order, this may result in the cancellation of your order.
4.3 We reserve the right to alter all product pricing without notice.
4.3 The ownership of any products ordered from us does not pass to you, the purchaser, until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
4.4 One Off The Wall offer three sales packages to artists. Each package has a different commission rate and cost of use. Higher commission rates may be agreed with artists to cover the additional cost of selling at shows and fairs. There is no additional charge for uploading artwork on any of our packages and you may upload as much artwork as you like.
Package 1 is free to sign-up and use. Our online commission rate is 25%. When a piece is sold online the artist receives 75% of the sale price less any other administration costs (excluding VAT if applicable), with the remaining 25% going to One Off The Wall.
Package 2 has a cost of £4.95 per month for the service. Our online commission rate is 15%. When a piece is sold online the artist receives 85% of the sale price less any other administration costs (excluding VAT if applicable), with the remaining 15% going to One Off The Wall.
Package 3 has an annual fee of £200 for the service. Our online commission rate is reduced to 5%. When a piece is sold online the artist receives 95% of the sale price less any other administration costs (excluding VAT if applicable), with the remaining 5% going to One Off The Wall.
4.5 As an artist you may upgrade your package at any time. If you wish to downgrade your package you must contact One Off The Wall with an explanation. We reserve the right to deny you from downgrading your package.
4.6 Artists are paid after a confirmed sale, once the statutory returns period has passed and the art has been irrevocably sold.
4.7 It is the artist’s responsibility to ship products to the buyer promptly and packaged and insured appropriately. One Off The Wall requests that the artist dispatch products within 7 days of the confirmed sale. The artist must inform One Off The Wall if this is not possible.
4.8 Payment is held by One Off The Wall throughout the entire ordering process.
5.1 After receiving the product, the buyer holds the right to return the product to the artist within 14 days of receipt. If the buyer does not contact One Off The Wall within 14 days the money will be released to the artist and the buyer will not be refunded.
5.2 Returned products are to be packaged and sent, with registered delivery and the appropriate insurance, back to the artist. The buyer is responsible for the cost of returning the product to the artist, unless they can prove the item was misrepresented. In this instance the cost of returning the product to the artist becomes the artists responsibility.
5.3 After receiving the returned product, the artists must inform One Off The Wall immediately, and the money will be returned to the buyer. Failing to inform One Off The Wall of returned product could result in a ban from the website.
6.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
6.2 Your offer is only accepted by us once we have sent electronic confirmation of the sale.
6.3 Products not included in the electronic confirmation of the sale are not included in the order.
6.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
6.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
We endeavour to respond to all customer complaints or queries within 5 working days.
One Off The Wall, shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
9.1 One Off The Wall, grants you a licence to access the content, information and services contained within our website for personal use only.
9.2 This licence allows you to download and cache (using your browser) individual pages from our website.
9.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
9.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without express prior written permission from One Off The Wall.
9.5 Third parties are not allowed to “deep link” to pages within our website, without express prior written permission from One Off The Wall. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
9.6 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
10.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of One Off The Wall. 10.2 The name ‘One Off The Wall’, ‘1 Off The Wall’, ‘OOTW’, ‘1OTW’ and ‘One Off’ are the copyright of One Off The Wall.
10.3 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
11.1 One off The Wall will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
11.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by One Off The Wall to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms & Conditions set out the entire agreement and understanding between you and One Off The Wall. We reserve the right to change these Terms & Conditions at any time, without giving notice to you.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Your statutory rights are unaffected.
One Off The Wall
164a Drayton Park London N5 1LX
Email: email@example.com Telephone: +44 (0) 7884211240