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Exhibition
TERMS AND CONDITIONS

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to ensure that they contain all that you want and nothing you are not happy with. If you are not sure about anything, please e-mail us at submission@swanfall.art


1. Application

1.1.  These Terms and Conditions will apply to those who supply their Artwork for display and sale (Artists).

1.2.  These are the terms on which we supply our services to you. By supplying any Artwork, you agree to be bound by these Terms and Conditions. You can only use our services if you are eligible to enter into a contract and are at least 18 years old.

1.3.  In some areas, you will have different rights under these Terms and Conditions depending on whether you are a Business or a Consumer.

2. Definitions and Rules of Interpretation

Artist means any creator or any Artwork we sell via the Website or at our exhibitions;

Artwork means the pieces of art accepted and shown during the Exhibition;

Business Day means a day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business;

Contract means the legally-binding agreement between you and us for the supply or purchase of Artwork as applicable;

Curator means the curator of this Exhibition

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

Exhibition means the Exhibition Through the Looking Glass to be held at Mall Galleries The Mall SW1 from August 28 to September 3 2023.

Privacy and Cookies Policy means the terms which set out how we will deal with confidential and personal information received from you via submission;

Swanfall Limited Organiser and awards sponsor of the Exhibition;
Terms mean these terms and conditions
Website www.swanfall.art

3. Artwork

3.1. The description of the Artwork is as set out in the catalogs, brochures, or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Artwork supplied.

4. Personal information

4.1. In order to supply Artwork to us for Exhibition and sales, you may be asked for certain information: 

Your name;

Your e-mail;

Your payment/billing information;

In the case of an Artist your preferred attribution on the Artwork.

4.2.  We retain and use all information strictly under the Privacy and Cookies Policy.

4.3.  We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.

5. Basis of Contract for Artists

5.1.  If you wish to supply your Artwork for display and the potential sale in the Exhibition and you have been selected for this purpose, your participation is subject to payment of the Exhibition fee. Once you pay this fee, a Contract will be formed between us for the provision of our Exhibition services subject to these Terms and the offer to participate that you receive from us (Offer E-mail).

5.2.  No variation of the Contract, whether regarding the description of the Artwork, fees, or otherwise, can be made after it has been entered into unless the variation is agreed by the Curator and Artist in writing.

6. Exhibitions

6.1.  If an Artist is invited to participate in the Exhibition, the Artist must deliver the agreed Artwork to the venue specified and within the time slot specified in the Offer E-mail. If the Artist fails to deliver the Artwork on time, we reserve the right to cancel the allocated slot without further notice. For the avoidance of doubt, no refunds will be issued to the Artist in such case.

6.2.  By submitting the Artwork to the Exhibition, the Artist agrees and grants the Curators and our partner Swanfall Limited (trade name Swanfall Art) a license to use the Artwork for promotional purposes on social media, on its Website, and other promotional channels as applicable,

6.3.  Insurance of the Artwork submitted to the Exhibition is the responsibility of the Artist, for the duration of delivery, Exhibition, and collection of the Artwork. In addition, the Artist is responsible for ensuring that any Artworks which are sold are fully insured until delivered to the Customer. Artists are also recommended to use a means of delivery that provides them with proof of delivery.

6.4.  Unless otherwise advised, we will charge a commission at the rate of 30% of the total price paid for any Artwork sold before taxes, during, or as a result of an Exhibition managed by us.

6.5.  The Curators agree to sell the Artwork at the retail prices shown on any records of consignment or otherwise supplied by the Artist.

6.6.  Proceeds shall be paid to the Artist within 30 days of the sale.

7. Price and Payment

7.1.  The price of the Artwork and any additional delivery or other charges is that set out on the Exhibition at the date of the Order or such other price as we may agree in writing.

7.2.  Prices and charges exclude VAT at the rate applicable at the time of the Order.

7.3.  Upon selection, a payment link would be sent to you in the Offer Email.

8. Delivery

8.1.  For the Exhibition, the Artist will need to deliver the selected Artwork to the Exhibition venue specified and within the time slot specified in the Offer E-mail;

9. Artists warrants and represents to the Curators and Swanfall that with regard to any Artwork supplied:

9.1.  It will be the Artist’s original creation and no substantial part of it has been or will be copied from any other work or material;

9.2.  the Artist is or will be the sole creator and is the sole legal and beneficial owner of the intellectual property rights in the Artwork and has the power to enter into a Contract to exhibit such Artwork and to grant the license as set out herein;

9.3.  the Artist has not, nor has any third party, charged, encumbered, or assigned by way of security or granted or assigned any license or permission to use them or the rights to any third party or entered into any other agreement which affects its rights to grant the license as set out in this Agreement, nor will they do so for the duration of the term of the Contract;

9.4.  the Artwork is not subject to any actions, demands, claims, proceedings, challenges or litigation (whether actual, pending, or threatened) and the exercise by Swanfall of the rights licensed to it under these Terms will not infringe the rights of any third party; and

9.5.  the intellectual property rights in the Artwork are valid and subsisting.

9.6.  The Artist shall indemnify Swanfall against all loss, damages, and costs (including legal costs and expenses) arising as a result of a breach by the Artist of the warranties in Clause 9, including any amounts payable by the Curators and/or Swanfall under the terms of any settlement agreement. At the Curator’s request, and at the Artist’s expense, the Artist shall provide reasonable assistance to enable the Curators and/or Swanfall to resist any action claim or proceedings brought against the Curators and/or Swanfall as a consequence of any such breach, provided that the final decision in relation to any matter affecting the rights will be that of the Artist.

10. Linking to Swanfall Website

10.1.  As this Exhibition is partially sponsored by Swanfall Art, you may link to Swanfall home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

10.2.  However, you must not: establish a link in such a way as to suggest any form of association, approval, or endorsement by Swanfall, unless otherwise approved by Swanfall; establish a link to the Website on any website that you do not own;frame our Website on any other site, nor may you create a link to any part of our Website other than the home page; orlink from any website that contains fraudulent, false, misleading, or deceptive information; or defamatory, libelous, obscene, pornographic, vulgar, or offensive content; or promotes discrimination, racism, hatred, harassment, or harm toward any third party; or promotes violence or actions that are threatening to any third party, or promotes illegal or harmful activities.

11. Swanfall reserve the right to withdraw linking permission without notice.

11. Circumstances beyond the control of either party

11.1. In the event of any failure by a party because of something beyond its reasonable control:

the party will advise the other party as soon as reasonably practicable; and

the party's obligations will be suspended so far as is reasonable, PROVIDED THAT that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.

12. Confidentiality

12.1.  You may become privy to our sensitive commercial information including commercial pricing (Confidential Information) in order for us to perform our obligations under these Terms.

12.2.  You shall hold our Confidential Information in confidence and shall not make our Confidential Information available to any third party, or use our Confidential Information for any purpose other than the implementation of these Terms and Conditions unless you are required to disclose it by law, by any court of competent jurisdiction or by any regulatory or administrative body.

12.3.  Our Confidential Information shall not be deemed to include information that:
is or becomes publicly known other than through any breach of these Terms and Conditions by you;
was in your lawful possession before the disclosure; or
is lawfully disclosed to you by a third-party without

13. Privacy

13.1.  Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

13.2.  These Terms should be read alongside, and are in addition to our policies, including our Privacy and Cookies Policy.

13.3.  For the purposes of these Terms:

'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Data Protection Act 2018 and the GDPR.

'GDPR' means the General Data Protection Regulation (EU) 2016/679.

'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

13.4.  We are a Data Controller of the Personal Data we Process in providing or receiving Artwork to you.

13.5.  Where you supply Personal Data to us so we can provide Artwork to you, and we Process that Personal Data in the course of providing the Artwork to you, we will comply with our obligations imposed by the Data Protection Laws:13.5.1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;13.5.2. we will only Process Personal Data for the purposes identified;13.5.3. we will respect your rights in relation to your Personal Data; and13.5.4. we will implement technical and organisational measures to ensure your Personal Data is secure.

13.6.  For any enquiries or complaints regarding data privacy, you can contact us.

14. Disclaimer

When we invite Artists to participate in our Exhibition we do not under any circumstances guarantee any particular result or commercial return as a consequence of the Exhibition and we shall not, in any event,be liable as a result of negative criticism received by an Artist following participation in one of our Exhibitions.

15. Limitation of liability

15.1.  Subject to Paragraph 15.3 below, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent), or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of the Artwork, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, business, profits or business opportunities, anticipated savings or profits, loss of or damage to reputation, loss of goodwill or data, a loss which was not reasonably foreseeable to both parties at the time when the Contract was made or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of any services.

15.2.  We limit our liability in the aggregate for any one claim as follows:
15.2.1.  In the case of an Artist, we limit our liability to the total fee paid by the Artist to participate in an Exhibition;

15.3.  We do not seek to exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of other legal obligations. Subject to this, we are not liable for (i) loss that was not reasonably foreseeable to both parties when the Contract was made.

16. Entire Agreement

Any Contract subject to these Terms and any documents referred to in these Terms or stated to be subject to these Terms forms the entire agreement between the parties in relation to its subject matter.

17. Non-disparagement

Subject to your agreement of non-disparagement of us and the services we provide, you may publish general information about your experience with us, online or on social media (or both), provided such information is general in nature and does not include any Confidential Information. We ask that you please provide accreditation to us by reference or hashtag if you make such a publication. We reserve the right to require you to remove any such publications or remove any accreditation to us. For the avoidance of doubt, nothing in this clause shall prevent you from leaving a truthful review of us or our services in public.

18. Governing law, jurisdiction, and complaints

18.1.  The Contract (including any non-contractual matters) is governed by the laws of England and Wales.

18.2.  Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Artists lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

18.3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs Artists should contact us to find a solution. We will aim to respond with an appropriate solution within 10 Business Days.

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