Terms of Service | ToBuyFrom

Welcome to ToBuyFrom. These Terms of Service ("Terms") govern your access to and use of the ToBuyFrom platform (referred to herein as the "Platform", "we", "us", or "our"), including our website, directory, curation, and payment services. By registering an account, sending or reviewing a curation proposal, or completing a transaction on the Platform, you agree to be bound by these Terms.

1. Acceptance of Terms & Roles

The Platform provides a web-based art discovery, curation, and transaction environment. Users participate under four roles:

Artists: Users who upload, showcase, and sell physical or digital artwork.
Venue Owners: Users who manage physical exhibition spaces (cafes, galleries, hotels) to display matched artwork.
Collectors: Buyers (registered or guest checkout) who purchase displayed or listed artwork.
Affiliates: Venue Owners or partners who earn referral commissions by distributing tracked artwork links.

2. Platform role and selling agency appointment

ToBuyFrom acts as a specialized marketplace. For legal and financial transactions:

Disclosed selling agent:
Each Artist appoints ToBuyFrom as a non-exclusive disclosed selling agent to facilitate the sale of that Artist's artwork to Collectors.

Seller identity: The Artist is the seller of their artwork. ToBuyFrom provides the marketplace, checkout, payment-collection, support, and payout services needed to facilitate the sale.
Payment collection: A Collector's payment is processed through ToBuyFrom's payment provider and recorded against the Artist's sale before the Artist's and any Venue's shares are released under the payout policy.
Tax: Artists are responsible for determining, charging, reporting, and paying taxes that apply to their artwork sales, including VAT where applicable. Artists must keep their VAT status and seller details current. ToBuyFrom is responsible for tax on its own platform fees where required.
Internal Ledger: Upon successful transaction verification, ToBuyFrom records the sale, deducts our platform fee, and credits the respective Artist and Venue shares to their virtual balances on the Platform's database ledger.

3. Commissions, Splits, and Ledger Balances

All purchases made on the Platform are distributed based on commission splits set at the time of sale:

Direct Sales: For a sale without Venue attribution, the Artist receives 85% of the artwork subtotal and ToBuyFrom retains 15%.
Venue-Attributed Sales: For a sale attributed to a Venue through an active display, Venue QR code, or tracked referral link, the Artist receives 65%, the attributed Venue receives 15%, and ToBuyFrom retains 20% of the artwork subtotal.
Attribution: A sale may be attributed to one Venue only. Venue attribution is determined from the active display context or valid tracked referral link recorded at checkout. Any attempt to circumvent the tracking system or bypass Platform checkout is a breach of these Terms.
What the Split Covers: Commission applies to the artwork subtotal only, excluding delivery, print production, framing, packaging, insurance, and applicable taxes unless checkout expressly states otherwise. The commission rule in force when checkout completes is recorded with the sale and cannot be changed retrospectively.
Refunds and Reversals: Refunds, returns, and chargebacks reverse the recorded Artist, Venue, and Platform shares in the same proportion as the original sale, subject to any separately disclosed processing or dispute costs.
Payout Holds: Artist and Venue earnings are held for a minimum of 14 calendar days after successful payment before they become eligible for payout. ToBuyFrom may extend a hold where delivery, a return, refund, chargeback, dispute, fraud review, or legal obligation remains unresolved.
Ledger Balance Status: Your virtual balance on the Platform represents an unsecured debt owed by ToBuyFrom to you. Ledger balances do not constitute bank deposits, do not earn interest, and are not insured by any government entity.

4. Payout Terms and Compliance (KYC)

Users can withdraw their ledger balance subject to the following rules:

Payout Schedules: Payouts are initiated on a scheduled basis to the User's verified bank account or payout gateway, subject to a minimum withdrawal threshold of £20.00 GBP.
Know Your Customer (KYC): To receive payouts, you must complete identity verification required by our payment processors and financial institutions.
Seller information: To receive payouts and sell through the Platform, Artists must provide accurate legal seller and VAT-status information.
Withholding of Payouts: We reserve the right to freeze ledger balances or withhold payouts in the event of active copyright disputes, suspected fraud, high refund rates, or elevated credit card chargeback risk.

5. Physical Artwork, Shipping, and Insurance

Because the Platform facilitates the sale of physical artwork, logistical rules apply:

Exhibition shipping to Venue: Unless the parties agree otherwise in writing, the Artist is responsible for arranging and paying for delivery of artwork from the Artist's studio or storage location to the Venue. The Artist should add carrier, tracking, hand-delivery, and handling notes in the Platform when marking the artwork as shipped or delivered.
Return shipping to Artist: If an unsold artwork is returned at the end of the exhibition period, or because the Venue requests return, the Venue is responsible for arranging and paying for return delivery to the Artist. The Venue should add carrier, tracking, hand-delivery, and return handling notes in the Platform when marking the return as shipped or handed over.
Artist-requested early return: If the Artist requests early return before the agreed exhibition period ends, the Artist is responsible for return shipping costs unless the Venue agrees otherwise.
Venue cancellation after acceptance: If the Venue cancels after accepting a curation request or proposal, the Venue is responsible for safe return and return shipping costs unless another written arrangement is recorded.
Sold artwork fulfillment: The Artist, or the Venue Owner if the piece is physically on display at the Venue and handed to or shipped to the Collector from there, is responsible for packaging, labeling, and fulfilling the artwork to the Collector within 5 business days of payment confirmation. Shipping to the Collector is charged to the Collector at checkout or agreed separately; it is not deducted from the Artist's artwork subtotal unless checkout expressly states otherwise.
Shipping Address: Collectors (including guest checkouts) must provide a valid shipping address at checkout. We pass this address to the fulfilling party solely for shipping purposes.
Loss and Damage: The party responsible for a shipping leg is also responsible for secure packaging, appropriate tracking, and suitable shipping insurance for that leg. ToBuyFrom is not liable for artwork damaged, lost, or stolen during transit.

6. Refunds, Returns, and Chargebacks

We prioritize Collector trust. In the event of a refund or cardholder chargeback, ToBuyFrom will debit the corresponding amount from the Artist's and Venue Owner's ledger balances.

7. Intellectual Property

Artists maintain complete copyright and ownership of their artwork. By uploading image files to ToBuyFrom, you grant ToBuyFrom a non-exclusive license to host, display, and promote your artwork.

8. Limitation of Liability and Indemnification

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". TOBUYFROM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.

1. Acceptance of Terms & Roles

The Platform provides a web-based art discovery, curation, and transaction environment. Users participate under four roles:

Artists: Users who upload, showcase, and sell physical or digital artwork.

Venue Owners: Users who manage physical exhibition spaces (cafes, galleries, hotels) to display matched artwork.

Collectors: Buyers (registered or guest checkout) who purchase displayed or listed artwork.

Affiliates: Venue Owners or partners who earn referral commissions by distributing tracked artwork links.

2. Platform role and selling agency appointment

ToBuyFrom acts as a specialized marketplace. For legal and financial transactions:

Disclosed selling agent:
Each Artist appoints ToBuyFrom as a non-exclusive disclosed selling agent to facilitate the sale of that Artist's artwork to Collectors.

Seller identity: The Artist is the seller of their artwork. ToBuyFrom provides the marketplace, checkout, payment-collection, support, and payout services needed to facilitate the sale.

Payment collection: A Collector's payment is processed through ToBuyFrom's payment provider and recorded against the Artist's sale before the Artist's and any Venue's shares are released under the payout policy.

Tax: Artists are responsible for determining, charging, reporting, and paying taxes that apply to their artwork sales, including VAT where applicable. Artists must keep their VAT status and seller details current. ToBuyFrom is responsible for tax on its own platform fees where required.

Internal Ledger: Upon successful transaction verification, ToBuyFrom records the sale, deducts our platform fee, and credits the respective Artist and Venue shares to their virtual balances on the Platform's database ledger.

3. Commissions, Splits, and Ledger Balances

All purchases made on the Platform are distributed based on commission splits set at the time of sale:

Direct Sales: For a sale without Venue attribution, the Artist receives 85% of the artwork subtotal and ToBuyFrom retains 15%.

Venue-Attributed Sales: For a sale attributed to a Venue through an active display, Venue QR code, or tracked referral link, the Artist receives 65%, the attributed Venue receives 15%, and ToBuyFrom retains 20% of the artwork subtotal.

Attribution: A sale may be attributed to one Venue only. Venue attribution is determined from the active display context or valid tracked referral link recorded at checkout. Any attempt to circumvent the tracking system or bypass Platform checkout is a breach of these Terms.

What the Split Covers: Commission applies to the artwork subtotal only, excluding delivery, print production, framing, packaging, insurance, and applicable taxes unless checkout expressly states otherwise. The commission rule in force when checkout completes is recorded with the sale and cannot be changed retrospectively.

Refunds and Reversals: Refunds, returns, and chargebacks reverse the recorded Artist, Venue, and Platform shares in the same proportion as the original sale, subject to any separately disclosed processing or dispute costs.

Payout Holds: Artist and Venue earnings are held for a minimum of 14 calendar days after successful payment before they become eligible for payout. ToBuyFrom may extend a hold where delivery, a return, refund, chargeback, dispute, fraud review, or legal obligation remains unresolved.

Ledger Balance Status: Your virtual balance on the Platform represents an unsecured debt owed by ToBuyFrom to you. Ledger balances do not constitute bank deposits, do not earn interest, and are not insured by any government entity.

4. Payout Terms and Compliance (KYC)

Users can withdraw their ledger balance subject to the following rules:

Payout Schedules: Payouts are initiated on a scheduled basis to the User's verified bank account or payout gateway, subject to a minimum withdrawal threshold of £20.00 GBP.

Know Your Customer (KYC): To receive payouts, you must complete identity verification required by our payment processors and financial institutions.

Seller information: To receive payouts and sell through the Platform, Artists must provide accurate legal seller and VAT-status information.

Withholding of Payouts: We reserve the right to freeze ledger balances or withhold payouts in the event of active copyright disputes, suspected fraud, high refund rates, or elevated credit card chargeback risk.

5. Physical Artwork, Shipping, and Insurance

Because the Platform facilitates the sale of physical artwork, logistical rules apply:

Exhibition shipping to Venue: Unless the parties agree otherwise in writing, the Artist is responsible for arranging and paying for delivery of artwork from the Artist's studio or storage location to the Venue. The Artist should add carrier, tracking, hand-delivery, and handling notes in the Platform when marking the artwork as shipped or delivered.

Return shipping to Artist: If an unsold artwork is returned at the end of the exhibition period, or because the Venue requests return, the Venue is responsible for arranging and paying for return delivery to the Artist. The Venue should add carrier, tracking, hand-delivery, and return handling notes in the Platform when marking the return as shipped or handed over.

Artist-requested early return: If the Artist requests early return before the agreed exhibition period ends, the Artist is responsible for return shipping costs unless the Venue agrees otherwise.

Venue cancellation after acceptance: If the Venue cancels after accepting a curation request or proposal, the Venue is responsible for safe return and return shipping costs unless another written arrangement is recorded.

Sold artwork fulfillment: The Artist, or the Venue Owner if the piece is physically on display at the Venue and handed to or shipped to the Collector from there, is responsible for packaging, labeling, and fulfilling the artwork to the Collector within 5 business days of payment confirmation. Shipping to the Collector is charged to the Collector at checkout or agreed separately; it is not deducted from the Artist's artwork subtotal unless checkout expressly states otherwise.

Shipping Address: Collectors (including guest checkouts) must provide a valid shipping address at checkout. We pass this address to the fulfilling party solely for shipping purposes.

Loss and Damage: The party responsible for a shipping leg is also responsible for secure packaging, appropriate tracking, and suitable shipping insurance for that leg. ToBuyFrom is not liable for artwork damaged, lost, or stolen during transit.