Terms of Service
1. Acceptance of Terms
By accessing or using the website https://unitedartscollier.org (the “Website”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you may not use the Website. United Arts Collier (“UAC,” “we,” “us,” or “our”) reserves the right to update these Terms at any time. Continued use of the Website after changes constitutes acceptance of the revised Terms.
2. Use of the Website
You agree to use the Website only for lawful purposes and in compliance with all applicable federal, state, and local laws. You may not use the Website to transmit harmful code, infringe intellectual property rights, or engage in fraudulent activity.
3. Accounts
Certain features (such as purchasing artwork or submitting consignment applications) may require an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
4. Purchases and Online Sales
All purchases of artwork or merchandise through the Website are subject to availability. Prices are listed in U.S. dollars and do not include applicable sales tax or shipping unless stated otherwise. Florida sales tax (currently 6%) will be added at checkout for orders shipped to Florida addresses as required by law. UAC is responsible for collecting and remitting applicable taxes. All sales are governed by our separate Return and Refund Policy (linked below). Title and risk of loss pass to the buyer upon delivery to the shipping carrier.
5. Consigned Artwork
Artwork offered for sale is consigned to UAC by member artists. UAC acts as an agent for the artist and does not take ownership of unsold works. All sales are final except as provided in our Return and Refund Policy.
6. Intellectual Property
All content on the Website (text, images, logos, etc.) is owned by UAC or its licensors and protected by copyright and trademark laws. Artwork images remain the property of the respective artists. Limited personal use is permitted; commercial reproduction is prohibited without written consent.
7. Disclaimer of Warranties
The Website and all products are provided “as is” without warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose.
8. Limitation of Liability
To the fullest extent permitted by law, UAC shall not be liable for any indirect, incidental, or consequential damages arising from use of the Website or purchase of products.
9. Governing Law and Venue
These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Collier County, Florida.
10. Contact Information
Questions about these Terms should be directed to: info@unitedartscollier.org
Artist Consignment Agreement
United Arts Collier – Artist Consignment Agreement
This Consignment Agreement (“Agreement”) is entered into on [Insert Date] between United Arts Collier (“UAC”), a Florida 501(c)(3) nonprofit organization, and the undersigned Artist (“Consignor”).
1. Consignment
Consignor hereby consigns to UAC, and UAC accepts on consignment, the artwork listed in Schedule A (attached and incorporated herein) for display and sale through UAC’s online platform, physical exhibitions, or events.
2. Term
The initial term is twelve (12) months from the date of this Agreement, automatically renewable for additional twelve-month periods unless terminated by either party with thirty (30) days written notice.
3. Title and Ownership
Title to the Artwork remains with Consignor until sold. Upon sale, title passes directly from Consignor to the purchaser.
4. Pricing and Commission
Retail prices shall be mutually agreed upon and listed in Schedule A. UAC shall retain a commission of forty percent (40%) of the final sale price (excluding sales tax and shipping). Consignor shall receive sixty percent (60%) of the final sale price (excluding sales tax and shipping).
5. Payment to Consignor
UAC shall pay Consignor their share within thirty (30) days following receipt of full payment from the purchaser. Payments will be made via check or electronic transfer.
6. Sales Tax and Fees
UAC is responsible for collecting, reporting, and remitting all applicable sales taxes (currently 6% for Florida deliveries). Shipping and insurance costs (if any) will be charged to the purchaser.
7. Insurance and Risk of Loss
While Artwork is in UAC’s possession, UAC will maintain reasonable insurance coverage against loss or damage. Consignor agrees to rely on UAC’s insurance and waives subrogation rights against UAC.
8. Promotion
UAC will promote the Artwork through its website, newsletter, social media, and events. Consignor grants UAC a limited, non-exclusive license to use images of the Artwork for promotional purposes only.
9. Representations and Warranties
Consignor represents and warrants that: (a) they are the sole owner of the Artwork with full authority to consign it; (b) the Artwork is original and does not infringe any third-party rights; and (c) the Artwork is in good condition.
10. Return of Unsold Artwork
Upon termination or expiration, Consignor shall retrieve unsold Artwork within thirty (30) days at Consignor’s expense. If not retrieved, UAC may charge reasonable storage fees or dispose of the Artwork at its discretion.
11. Termination
Either party may terminate this Agreement for material breach with ten (10) days written notice if the breach is not cured.
12. Governing Law
This Agreement shall be governed by the laws of the State of Florida. Venue for any dispute shall be Collier County, Florida.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
United Arts Collier By: _______________________________ Name: _____________________________ Title: ______________________________ Date: ______________________________
Consignor (Artist) Signature: _________________________ Name: _____________________________ Address: __________________________ Phone: ____________________________ Email: ____________________________ Date: ______________________________
Schedule A – Inventory of Consigned Artwork (Attach separate sheet with title, medium, dimensions, year, retail price, and high-resolution images for each piece.)
Return and Refund Policy
United Arts Collier – Return and Refund Policy Last Updated: [Insert Date]
Thank you for supporting the arts in Collier County through your purchase. All artwork sold through United Arts Collier is consigned by local member artists, and proceeds support our nonprofit mission.
General Policy
Due to the unique nature of original artwork, all sales are final except in the following circumstances:
- Damaged or Defective Items — If artwork arrives damaged or is materially different from the online description, you may return it for a full refund (including original shipping costs).
- Approval Period for Original Artwork — We offer a 14-day approval period from the date of delivery. If you are not completely satisfied, you may return the artwork in its original condition for a full refund of the purchase price (excluding shipping costs). Return shipping is the buyer’s responsibility and must be insured.
Conditions for Return
- Notification of intent to return must be sent to info@unitedartscollier.org within 14 days of delivery.
- Artwork must be returned in original condition and packaging.
- Prints, reproductions, and merchandise follow the same 14-day policy.
Refund Process
Refunds will be issued to the original payment method within 10 business days of receiving the returned item. Original outbound shipping charges are non-refundable unless the item was damaged or defective.
Non-Returnable Items
Custom commissions, downloaded digital items, and items marked “final sale” are non-returnable.
Questions
Contact us at info@unitedartscollier.org. We are here to help ensure your satisfaction while supporting Collier County artists.
Thank you for supporting United Arts Collier and the local arts community.