Distance selling art over the Internet is potentially problematic. Work acquired the force of a small digital image viewed on a PC screen can look at life very different in size and in the flesh. It is entirely reasonable to anticipate that some customers might change your mind about your purchase once they have received the goods.

The purpose of distance selling legislation is to give consumers the confidence that there is no face to face contact with the seller, and the right to change opinion.

The legal requirements for you (the merchant) are providing key (pre-contractual) information about their products and services, payment terms and shipping, your payment address, and "the rights of cancellation." The need for such information is fairly obvious, however, in my experience "cancellation rights" are frequently not the artists through the Internet.

Let's look at the cancellation rights in more detail. In short, the client has the right to change their minds if not satisfied with the products or services, and is entitled to a cooling off period of seven working days to make this decision. Unlike the purchase face to face, the first time that the customer will have the opportunity to inspect the work of art is when it is received by them. The theme not be defective in any way: the customer is entitled to request their money back if not satisfied with your purchase.

The critical point here is that if specified limit of seven working days for the cancellation of property, the client's right to request their money ends seven working days after (as of the date of receipt of goods). Please specify the rights of cancellation, the customer has 3 months and 7 days to decide to return of goods. By law you can not specify a date less.

It is also necessary to specify how artworks should be returned. If the client does not wish to accept property, possessions remain, and you can not expect the customer to pay for transportation of your goods!

Therefore, if you have all the details in its website, are you satisfied with the law. Well, no … not quite. The law requires that terms and conditions to be conveyed in a "lasting" middle ". Durable, a form that can be retained, reproduce, but can not be modified. Websites are not considered a durable medium that its content can be changed easily.

To comply with the law, you should consider pre-contract "information to customers in a lasting way, as a letter or email mail. Consider putting your data on a pre contract Word document, and adding that to the e-mail correspondence with customers?

With commissioned work, the artist is selling a service. Rights and obligations of the services are quite similar to those of goods, but there are some notable differences that are relevant to artists.

Customers do not have the right to cancel once the custom-made products service delivery has been agreed. Are you the operator therefore need to allow a cooling period before starting work. When you start working, the customer is contractually bound to honor its part of the contract as long as you have provided in writing "pre-contractual" information (as described above), was agreed to begin to work and told that their cancellation rights will end as soon as you start work.

You can give customers additional cancellation rights, but that depends on you.

For most Internet the artist, the sale of goods or services product informally through dialogue with the client. These dialogues standard contracts: a contract need not be a formal document. Artists have to be aware that, in seeking work and sales, which are forming contracts with its customers. By providing pre-contract information in a durable format, and the observation of periods of reflection, the artist can ensure that they are trading fairly, and not conflict with the regulations on distance selling.

Portraits by John Burton
For more information, please visit Work SmART Artists

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