Artist Terms of Business
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Last updated: 6 September 2026
These Artist Terms & Conditions ("Terms") govern the relationship between Aperio Gallery ("Aperio", "we", "us" or "our") and artists whose work is represented, displayed, promoted or offered for sale through Aperio.
By agreeing to be represented by Aperio or submitting artwork for listing through Aperio, you ("the Artist") agree to these Terms.
1. About Aperio
Aperio is a curated online art gallery based in Ireland. Aperio selects artists and artworks for presentation and sale through its website and may also promote artists and artworks through exhibitions, editorial content, advertising, social media, email marketing and other appropriate sales and promotional channels.
Acceptance as an Aperio artist does not guarantee that every artwork submitted by an Artist will be accepted or listed.
Aperio retains curatorial control over the selection, presentation and positioning of artworks on the gallery.
2. Non-exclusive representation
Representation by Aperio is non-exclusive.
Artists remain free to:
- exhibit their work independently;
- be represented by other galleries;
- sell through other galleries, platforms or their own channels; and
- enter their work into exhibitions, prizes and other opportunities.
Nothing in these Terms creates an employment relationship, partnership or joint venture between Aperio and the Artist.
The Artist remains responsible for their own artistic practice, business affairs and tax obligations.
3. Artwork submitted to Aperio
The Artist must provide accurate and complete information about each artwork submitted for consideration. These details are to be completed on the Artwork Submission Form.
Aperio may edit artwork descriptions, biographies, headings, categorisation and other editorial material for clarity, consistency, presentation, accessibility, search optimisation or marketing purposes, provided that such editing does not materially misrepresent the Artist or artwork.
4. Ownership, authenticity and Artist warranties
By submitting an artwork to Aperio, the Artist warrants that:
1. the Artist owns the artwork and has full authority to offer it for sale, or has expressly disclosed to Aperio any different ownership arrangement;
2. all information supplied about the artwork is accurate and not misleading;
3. the artwork is authentic and has been correctly attributed;
4. where the work forms part of an edition, the edition size, edition number and any artist's proofs or other proofs have been accurately disclosed;
5. the Artist has the rights and permissions necessary to allow Aperio to reproduce and promote images and information supplied by the Artist;
6. where applicable, the Artist has obtained any model releases, property releases, location permissions or other consents reasonably necessary for the creation, exhibition, reproduction, promotion and sale of the artwork, and will provide evidence of such releases, permissions or consents to Aperio if reasonably requested;
7. the artwork and material supplied to Aperio do not knowingly infringe the copyright, intellectual property, privacy or other legal rights of another person; and
8. the artwork is not subject to any undisclosed ownership claim, security interest or other restriction preventing its lawful sale.
The Artist must inform Aperio promptly if any information relating to an artwork subsequently becomes inaccurate.
5. Availability of artworks
Because Aperio representation is non-exclusive, Artists may sell or commit listed artworks elsewhere.
The Artist must notify Aperio as soon as an artwork listed on Aperio is sold, reserved, withdrawn or otherwise becomes unavailable.
When Aperio receives an order, the Artist must confirm within 24 hours that the artwork remains available and can be dispatched within the required timeframe.
The Artist must notify Aperio in advance of holidays, travel or other periods during which they will be unable to fulfil orders. Aperio may temporarily hide or mark the Artist's artworks as unavailable during that period in order to prevent cancelled sales and disappointment to collectors.
Maintaining accurate availability is particularly important for original and unique works.
Where Aperio receives an order for an artwork that the Artist has failed to notify Aperio is unavailable, Aperio may cancel the transaction and refund or release the collector's payment as appropriate.
Repeated failure to keep availability information current may result in removal of artworks or termination of the Artist's representation.
6. Prices
The retail price of an artwork offered through Aperio will be agreed between Aperio and the Artist.
Unless otherwise agreed in writing, the agreed retail price must include the Artist’s reasonable costs of professional packaging, tracked delivery and transit insurance to the destinations for which the artwork is offered. Where those costs differ materially by destination, the Artist may provide separate prices for different regions for Aperio’s approval.
The Artist is responsible for ensuring that the packaging, insurance and delivery cost incorporated into the retail price is accurate and sufficient for safe delivery of the artwork.
The Artist must disclose any taxes that they are legally required to charge in relation to the sale.
The parties will cooperate where information concerning VAT or other taxes is required to determine the appropriate treatment of a transaction.
Unless otherwise agreed, Artists should maintain reasonably consistent retail pricing for the same artwork across their own direct sales and other gallery or online channels.
Nothing in this section prevents an Artist from participating in exhibitions, promotions or other legitimate sales arrangements elsewhere.
7. Aperio commission
Aperio’s standard commission is 20% of the artwork sale price after deduction of the Artist’s evidenced outbound delivery and transit-insurance costs, unless a different commission has been agreed in writing.
The Artist must provide Aperio with the carrier receipt, tracking number and evidence of transit insurance promptly after dispatch. Only the actual documented outbound delivery and transit-insurance costs will be deducted before commission is calculated. Packaging materials, customs charges and other expenses will not be deducted unless Aperio has agreed otherwise in writing.
The documented outbound delivery and transit-insurance costs will be deducted solely for the purpose of calculating Aperio’s commission. The Artist will receive the sale price less Aperio’s commission and any other amount expressly payable by the Artist under these Terms. The documented delivery and transit-insurance costs will not be deducted again from the Artist’s proceeds.
For example, on a €500 sale with €50 documented shipping:
- Commissionable amount: €450
- Aperio commission: €90
- Artist payment: €410
Where the Artist does not provide evidence of the actual shipping cost, Aperio may be unable to deduct that cost when calculating commission.
Where VAT or other tax affects the calculation of Aperio's commission or the Artist's proceeds, the calculation will be made in accordance with applicable tax law.
8. Discounts and offers
Discounts and special offers may be used by Aperio as a strategy to encourage and convert sales.
Aperio reserves the right to offer discounts of up to 10% on artworks offered through the gallery. Discounts may be offered through the Aperio website, paid advertising campaigns, promotional activity, thank-you or repeat-purchase offers to collectors, or other appropriate sales initiatives. Where a discount is applied, the discounted price paid by the collector will be treated as the sale price for the purpose of calculating Aperio's commission and the Artist's proceeds.
The purpose of any discount or offer will be to encourage sales for Aperio's artists and collectors and not to devalue the Artist's work.
9. Sales introduced through Aperio
Aperio invests in advertising, marketing, curatorial work, content and collector development to create sales opportunities for its artists.
Where a collector first contacts or is introduced to an Artist through Aperio in connection with a listed artwork, related artwork or commission, the Artist must not deliberately circumvent Aperio by completing that transaction privately for the purpose of avoiding Aperio's commission.
Where Aperio has materially introduced or facilitated such a sale, the normal Aperio commission will remain payable.
This provision does not prevent an Artist from selling independently to their own existing collectors or through other galleries or channels.
10. Payment to Artists
Aperio will collect payment from the collector for sales completed through the gallery.
Payment to the Artist will become due only once:
- Aperio has received cleared payment;
- the artwork has been delivered to the collector;
- the buyer’s 14-day cancellation period has expired;
- if the buyer exercised the right to cancel, the return and refund have been completed; and
- no unresolved claim concerning transit damage, authenticity, material misdescription or non-delivery exists.
Aperio will pay the Artist’s proceeds within 7 business days after all applicable conditions above have been satisfied.
Payment will be made using a payment method agreed with the Artist.
If, after the Artist has been paid, Aperio is legally required to refund or compensate a buyer because the Artist supplied an inauthentic or materially misdescribed artwork, concealed a material defect, or otherwise breached these Terms, the Artist must reimburse Aperio for the resulting reasonable loss. Aperio must provide the Artist with details and supporting evidence before seeking reimbursement.
11. Packaging, shipping and insurance
Unless Aperio expressly agrees otherwise in writing for a particular transaction, the Artist is responsible for professionally packaging the artwork, selecting an appropriate tracked and adequately insured carrier, booking and paying for outbound delivery, and dispatching the artwork within the agreed timeframe.
The Artist must:
- use packaging appropriate to the artwork’s medium, dimensions, weight, fragility, value and destination;
- provide Aperio with accurate dimensions, weight and collection information;
- comply with the packaging, documentation and insurance requirements of the carrier and insurer selected by the Artist;
- dispatch the exact artwork purchased by the buyer;
- obtain proof of dispatch, tracking information and transit insurance covering the artwork’s full retail value; and
- provide the carrier receipt, tracking number and delivery information to Aperio immediately after dispatch.
See packaging guidelines.
The Artist bears any reasonable additional cost caused by inaccurate dimensions, weight or collection information, inadequate packaging, or failure to comply with the agreed shipping requirements.
Aperio is the buyer’s sole point of contact concerning an order. The Artist must provide delivery information and updates to Aperio, which will communicate with the buyer. The Artist must not contact the buyer directly about delivery, complaints, cancellations, returns or refunds unless Aperio expressly authorises that contact or it is strictly necessary to complete delivery.
Aperio may pass a buyer’s reasonable delivery request to the Artist. The Artist is not required to accept the request where it would compromise the safe or adequately insured delivery of the artwork.
12. Loss or damage in transit
The Artist must photograph the artwork and its packaging immediately before dispatch and retain the photographs together with the carrier receipt, tracking information and evidence of transit insurance.
As between Aperio and the Artist, the Artist is responsible for loss or damage occurring during outbound transit where the Artist selected or booked the carrier. This includes loss or damage arising from inadequate packaging or the acts or omissions of the selected carrier.
If an artwork is reported lost or damaged, the Artist must cooperate promptly and provide Aperio with all photographs, shipping records and other information required to investigate the matter. The Artist is responsible for making and pursuing any claim against the carrier or insurer. Aperio will communicate with the buyer and coordinate the appropriate remedy.
Where a return or collection is required because the artwork arrived damaged, faulty, incomplete, materially misdescribed or incorrect, the Artist must arrange and pay for an appropriately insured return or collection in coordination with Aperio. The buyer must not incur any return cost.
For an international return, Aperio will coordinate the return with the buyer and Artist. If requested, the Artist must provide any information or documentation reasonably required to identify the Artwork as returned goods and to support any applicable customs relief. The Artist is responsible for the accuracy of information or documentation they provide.
Where Aperio pays a refund, return charge, collection charge or other reasonable cost arising from such a claim, the Artist must reimburse Aperio or permit Aperio to deduct that amount from sums otherwise due to the Artist.
The Artist will not be responsible for loss or damage caused by the buyer after the artwork has been delivered to the buyer or a person nominated by the buyer.
13. Returns and cancellations
Sales made through Aperio will be subject to Aperio’s Buyer Terms of Sale, Shipping Policy and Returns Policy and to any mandatory consumer rights applicable to the transaction.
All buyer communications and decisions concerning cancellation, return, damage, complaints and refunds will be handled by Aperio. The Artist must not negotiate or agree a resolution directly with the buyer.
For a statutory change-of-mind cancellation, the buyer is responsible for the cost of tracked and adequately insured return delivery in accordance with Aperio’s Returns Policy. The Artist remains responsible for the original outbound packaging, delivery and insurance costs. No commission or Artist proceeds are payable on the cancelled sale.
Where a return is required because the artwork arrived damaged, faulty, incomplete, materially misdescribed or incorrect, the costs and responsibilities in section 12 apply.
The Artist must accept a return authorised by Aperio and inspect the artwork promptly after delivery. Within 2 business days, the Artist must provide Aperio with photographs of the returned artwork and packaging and report any alleged damage or loss of value. The Artist must not refuse a return solely because the original packaging was not used where the buyer packaged the artwork securely.
Aperio will determine and communicate the buyer’s refund and any legally permitted deduction in accordance with the Buyer Terms of Sale and applicable law. Where the law requires a refund before the artwork can be inspected, Aperio may make the refund based on the available evidence. The Artist must not issue a refund, promise a remedy or make a deduction without Aperio’s approval.
14. Certificates of Authenticity and provenance
Every artwork sold through Aperio must have a Certificate of Authenticity.
The Artist may use their own Certificate of Authenticity or download and use Aperio’s template.
The Artist must provide accurate information for the Certificate of Authenticity and must not knowingly issue conflicting certificates or edition information.
For a limited-edition artwork, the Artist must maintain accurate edition records. The stated numbered edition size applies across all sizes, formats and presentations of that artwork and must not be increased once the artwork has first been offered through Aperio. Any artist’s proofs must be separately identified, and the number of artist’s proofs must be accurately disclosed to Aperio.
Where Aperio provides provenance documentation, identification numbers, labels, holographic seals or similar authentication measures, the Artist agrees to use them in accordance with Aperio’s instructions.
Aperio recommends that the Certificate of Authenticity be sent separately from the artwork by tracked post to reduce the risk of the artwork and its authentication documentation being lost together.
15. Copyright and images
Copyright in an artwork remains with the Artist or other lawful copyright holder. Sale of a physical artwork through Aperio does not transfer copyright unless expressly agreed separately.
The Artist grants Aperio a non-exclusive, worldwide, royalty-free licence to use images and other material supplied by the Artist for the purposes of:
- displaying and selling the artwork;
- promoting the Artist;
- promoting Aperio;
- advertising;
- social media;
- email marketing;
- editorial and press activity;
- exhibitions and catalogues;
- search engine and digital marketing; and
- maintaining an archive of artists and artworks previously represented or sold by Aperio.
This licence includes reasonable technical adaptation required for those purposes, including resizing, cropping and formatting images, provided that Aperio does not materially alter the artwork itself or represent an altered reproduction as the original artwork.
The Artist retains ownership of their copyright.
Following termination of representation, Aperio will cease using the Artist's work in new artist-specific advertising campaigns within a reasonable period, but may retain historical editorial material, social-media posts, exhibition records, sold-artwork pages and archival records that accurately document Aperio's previous representation or sale of the work.
16. Artist information, tax and regulatory compliance
The Artist is responsible for their own tax affairs, including income tax, VAT and other taxes applicable to them.
The Artist must inform Aperio of information reasonably necessary to determine their status for legal, tax or regulatory purposes, including whether they are acting as a business/trader where applicable.
Aperio may be legally required to collect, verify, retain or report certain information concerning Artists and transactions, including under DAC7, the Model Reporting Rules for Digital Platforms (MRDP), anti-fraud requirements or other applicable legislation.
Aperio will request such information when reasonably required rather than collecting unnecessary tax information solely as a condition of initial representation where there is no current legal or operational need for it.
Where information is legally required, the Artist agrees to provide accurate information promptly following Aperio's request and within the timeframe reasonably specified by Aperio.
Aperio will process personal information in accordance with its Privacy Policy and applicable data protection law.
17. Artist trading status
The Artist must provide Aperio with accurate information about the capacity in which they are selling artwork through the gallery.
The Artist must confirm whether they are acting as:
- a professional or business seller, including as a sole trader, company or partnership; or
- a private individual who is not acting in the course of a business.
VAT registration is separate from an Artist's status as a professional or business seller. Where applicable, the Artist must inform Aperio whether they are VAT registered and provide a valid VAT number.
The Artist is responsible for ensuring that the trading and VAT status provided to Aperio is accurate and must notify Aperio promptly if that status changes.
Aperio may display or provide information concerning the Artist's trading status to collectors where required by applicable consumer protection or other law.
18. Collector information and data
Aperio may collect and process personal information from collectors in connection with enquiries, transactions, delivery, customer service, legal compliance and marketing, as described in its Privacy Policy.
Where necessary to fulfil an order, Aperio may provide the Artist with limited collector information, such as the collector’s name, delivery address, telephone number and other relevant delivery instructions.
The Artist must:
- use the information only as necessary to package, dispatch, deliver and administer the relevant order;
- disclose it only to the carrier, insurer or other service provider where necessary to fulfil that order;
- take reasonable measures to keep the information secure and prevent unauthorised access, disclosure, loss or misuse;
- notify Aperio immediately if the information is lost, disclosed without authority or otherwise involved in a suspected personal-data breach;
- comply with Aperio’s reasonable instructions concerning correction, deletion, access requests or other data-protection matters; and
- delete or securely dispose of the information when it is no longer reasonably required for order fulfilment, dispute resolution or compliance with a legal obligation.
The Artist must not use collector contact details to communicate about complaints, cancellations, returns, refunds or claims. Any such communication received from a collector must be referred immediately to Aperio.
The Artist must not add an Aperio collector to their own mailing list or marketing database, or use information supplied by Aperio for direct marketing. This does not prevent the Artist from marketing to that person where the person has independently provided their details directly to the Artist and the Artist has a separate lawful basis for doing so.
19. Presentation, curation and ranking
Aperio is a curated gallery and does not guarantee equal prominence, exposure, search positioning or sales to every Artist or artwork.
The selection and positioning of artworks may take into account factors including:
- curatorial relevance;
- quality and suitability of supplied images and information;
- collector interest;
- availability;
- price;
- medium or category;
- exhibition or editorial themes;
- new work;
- previous engagement or sales; and
- the overall balance and presentation of the gallery.
Aperio may feature particular Artists or artworks in editorial selections, exhibitions, collections, search results, marketing or homepage features.
Where Aperio sells artwork of its founder or any person connected with Aperio, such work may be represented on the same basis as other selected artists.
20. Suspension, removal and termination
The Artist may end their representation by giving Aperio written notice.
Aperio reserves the right to remove an individual artist or artwork at its discretion.
Nothing in this section prevents immediate action where Aperio is legally entitled or required to act without notice.
Removal/termination does not affect transactions already agreed, outstanding payments, existing legal obligations or provisions of these Terms which by their nature are intended to continue after termination.
21. Complaints and disputes
Artists should raise concerns about listings, transactions, payments or Aperio's services by contacting info@aperiogallery.com.
Aperio will consider complaints fairly and within a reasonable timeframe.
Any complaint-handling, mediation or dispute-resolution procedures required by applicable platform regulation will be made available in accordance with the law applicable to Aperio at the relevant time.
Nothing in these Terms removes any right an Artist has to pursue a legal remedy.
22. Liability
Each party remains responsible for loss caused by its own breach of these Terms, negligence, fraud or other legal wrongdoing.
Aperio is not responsible to the Artist for failures, delays, loss or damage caused by a carrier selected or booked by the Artist. Aperio is also not responsible for matters outside its reasonable control involving payment providers, internet or technology providers, customs authorities or other third parties, except to the extent that liability cannot lawfully be excluded.
Aperio does not guarantee that an Artist or artwork will receive a particular level of exposure, enquiries or sales.
The Artist is responsible for losses reasonably incurred by Aperio as a direct result of a material breach by the Artist of the warranties in Section 4, including a substantiated third-party claim concerning ownership, authenticity or intellectual-property rights.
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
23. Changes to these Terms
Aperio may update these Terms where reasonably necessary, including to reflect changes to the gallery's services, business practices or legal and regulatory obligations.
Where changes affect Artists' contractual rights or obligations, Aperio will provide notice in a durable medium, such as email, within any minimum notice period required by applicable law.
Changes will not apply retrospectively unless required by law or expressly agreed with the Artist.
Where applicable law requires a longer notice period because an Artist reasonably needs additional time to make technical or commercial adaptations, Aperio will provide that longer period.
24. Governing law
These Terms are governed by the laws of Ireland.
Subject to any mandatory rights or procedures that apply under Irish or European Union law, disputes relating to these Terms will be subject to the jurisdiction of the Irish courts.
25. General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
A failure by Aperio or the Artist to enforce a provision on one occasion does not waive the right to enforce it later.
These Terms, together with any specific written terms agreed between Aperio and the Artist, constitute the agreement governing the Artist's representation through Aperio.
Where specific terms have been agreed in writing with an Artist and conflict with these general Terms, the specifically agreed terms will prevail to the extent of that conflict.
Aperio Gallery
Drumnacor, Ballymahon, N39C434 Ireland
info@aperiogallery.com
aperiogallery.com