TERMS & CONDITIONS FOR ARTISTS

1. Consignment and Selection of Artworks

When an Artist agrees to consign Artworks for sale through Irving Gallery Ltd, whether online via the Gallery website, at Irving Gallery, Oxford, or at any other physical venue (including art fairs and pop-up exhibitions), Irving Gallery Ltd will confirm the selection of Artworks with the Artist.

The Consignment Period shall commence:

  • for Artworks selected for physical exhibition, on the date the Artworks are delivered to Irving Gallery Ltd for exhibition preparation and installation; and

  • for Artworks selected for online presentation only, on the date Irving Gallery Ltd confirms in writing that the Artworks have been accepted for consignment and will be offered for sale through the Gallery.

From the commencement of the Consignment Period, all selected Artworks shall be available exclusively through Irving Gallery Ltd and must not be offered for sale through another gallery, dealer, art fair, online platform, or directly to collectors without the prior written consent of Irving Gallery Ltd.

The initial Consignment Period is six (6) months. At the end of the Consignment Period, Irving Gallery Ltd and the Artist may agree in writing to extend the Consignment Period or release the Artworks from the Gallery's exclusive representation.

Where Irving Gallery Ltd and the Artist agree to continue marketing specific Artworks after the end of the initial Consignment Period, the terms of the original agreement shall continue to apply unless otherwise agreed in writing.

2. Exhibition and Return of Artworks

The Artist is responsible for delivering Artworks to the Gallery before the Exhibition Period and for collecting unsold Artworks at the end of the Exhibition Period, together with the associated delivery and collection costs.

Where Artworks have been exhibited physically, the Artist shall collect unsold Artworks within 10 days of the close of the Exhibition Period, unless otherwise agreed in writing.

Due to the Gallery's limited on-site storage capacity, the return of Artworks to the Artist following a physical exhibition does not terminate the Consignment Period or the Gallery's exclusive right to market and sell the Artworks.

Throughout the Consignment Period, whether Artworks are held by the Gallery or remain in the Artist's possession, the Artist shall ensure that the Artworks are kept in good condition, securely stored, and available for sale.

If an Artwork is sold while it remains in the Artist's possession during the Consignment Period, the Artist agrees to make the Artwork available promptly for collection. Irving Gallery Ltd will arrange and pay for collection and shipping from the Artist to either the Gallery or directly to the Buyer, unless otherwise agreed with the Artist.

3. Marketing and Sales

Throughout the Consignment Period, the Artist shall refer all enquiries relating to the Artworks to Irving Gallery Ltd, which shall retain the exclusive right to market and sell the Artworks.

Irving Gallery Ltd will actively promote the Artworks through appropriate channels, including its website, mailing list, social media, collector outreach, digital communications, exhibitions, and other marketing activities deemed appropriate by the Gallery.

The Artist acknowledges that sales may occur after the close of a physical exhibition and that continued marketing, collector engagement, and follow-up form an important part of the Gallery's services.

4. Expenses

Irving Gallery Ltd agrees to pay expenses associated with the promotion and sale of the Artworks during the Consignment Period, including:

  • insurance for the full retail value while Artworks are in the Gallery's possession, unless otherwise agreed in writing;

  • exhibition installation costs where applicable;

  • online hosting costs;

  • digital and print marketing costs as deemed appropriate by the Gallery; and

  • shipping costs to the Buyer following a sale.

5. Pricing and Discounts

The Artist and Irving Gallery Ltd agree that the Gallery may offer a discount of up to 10% on the retail price of an Artwork at its discretion.

Any such discount shall be shared equally between the Artist and Irving Gallery Ltd unless otherwise agreed in writing.

6. Sales Commission and Payment

Irving Gallery Ltd is committed to a commission structure that favours the Artist.

Currently, 55% of the final retail sale price shall be paid to the Artist and 45% shall be retained by Irving Gallery Ltd.

Irving Gallery Ltd will notify the Artist of any sale within 7 days of cleared funds being received into the Gallery's bank account.

The Artist shall then submit an invoice for their share of the sale proceeds, and Irving Gallery Ltd shall make payment within 14 days of receipt of the Artist's invoice.

Irving Gallery Ltd is committed to paying Artists promptly and efficiently for Artwork sales made through the Gallery.

7. Ownership and Sale of Artworks

The Artist confirms that all Artworks submitted for consignment:

  • are the Artist's own original works unless otherwise stated;

  • are free from any lien, charge, claim or other encumbrance; and

  • are fully available for sale through Irving Gallery Ltd during the Consignment Period.

The Artist warrants that they have full legal authority to sell the Artworks.

Ownership of an Artwork shall remain with the Artist until full payment has been received from the Buyer. Upon receipt of full payment, ownership of that Artwork shall transfer to the Buyer.

The Artist agrees that Artworks submitted to Irving Gallery Ltd must not be simultaneously committed to another gallery, exhibition, open call, sales arrangement or other obligation that would prevent exclusive representation by Irving Gallery Ltd during the Consignment Period.

8. Data Protection

Irving Gallery Ltd will collect and process Artist information only as required for the purposes of managing the Gallery's relationship with the Artist, promoting and selling Artworks, processing payments, and fulfilling its obligations under this agreement.

Any personal information provided by the Artist will be handled in accordance with applicable data protection legislation and the Gallery's privacy policy.

9. Governing Law

This agreement shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute arising under or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Any amendment to these Terms & Conditions must be made in writing and agreed by both parties.