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Seller Agreement

This Agreement is a public offer by the CodeKY platform (the Platform) to every person who lists their goods on codeky.art (the Seller). It is accepted at the moment the Seller confirms consent while creating a seller cabinet; the date and time of acceptance are stored in the Seller's account.

1. SUBJECT. The Platform provides information and advertising services: it lists the Seller's goods on the site, shows them to the Platform's audience and helps find a buyer. The Platform is not the owner, keeper or carrier of the goods: it holds no warehouses, the item never reaches it and is never inspected by it. The Seller remains the owner of the item until it is handed to the buyer.

2. MODERATION. The Seller completes a profile, which goes through moderation; items may be added only after the profile is approved. Every item is also moderated and becomes visible on the site afterwards. The Platform may decline a profile or an item, which does not deprive the Seller of the right to submit again.

3. SELLER'S WARRANTIES. The Seller warrants that they have the right to sell the item; that it is not counterfeit, not stolen and free of third-party rights; that the description, dimensions, materials, year and authorship are accurate; that the photographs show the very item that will be shipped to the buyer. For original works the Seller warrants that they are the author or hold the author's written consent. Only a person of full legal age may be a Seller: confirming this is a required field of the profile, and without it no item can be listed. Works by a minor are listed by their parent or legal guardian, who acts as the Seller under this Agreement; the child's authorship is stated on the item card. The Platform does not accept new mass-market goods or reproductions without the author's consent.

4. PRICE AND COMMISSION. The price is set by the Seller. Listing is free of charge: the Platform is remunerated only on a sale. The Platform's commission on the sale price is: — Art — 30%; for participants of the student programme in this section — 25%; — paintings within Home decor and resale — 30%; — all other items in Home decor and resale — 15%; — Jewellery and accessories — 15%; — galleries and brands — 20% in any section, alongside a placement fee of €50 per month. The buyer pays the Platform; the Platform withholds its commission and transfers the remainder to the Seller. The commission is calculated on the item price only: delivery, insurance and export documents are not part of the base. Any additional costs arising through the Seller's fault are borne by the Seller.

5. ALLOCATION OF COSTS. The buyer pays for the item, the delivery and, where ordered, an insurance policy for the shipment. The Seller pays for packaging and for preparing the export documents from Ukraine (the expert conclusion that the work is not a cultural asset; the preparation period is 5 business days). The carriage contract is concluded between the Seller as sender and the buyer as recipient.

6. DISPATCH. The item is shipped by the Seller. The Seller creates the waybill in the cabinet on the Platform or in their own carrier account, using the buyer's details from the "Orders" section. Dispatch takes place within two working days of payment (for an international shipment from Ukraine — once the export documents are ready), and the tracking number is entered in the cabinet the same day.

7. PHOTOGRAPHIC RECORD OF DISPATCH. Before dispatch the Seller photographs the item and its packaging and uploads the images to the seller cabinet. The images are shown in the seller's cabinet and in the buyer's cabinet. Together with them the Seller enters the tracking number and, where special delivery conditions apply, other documents (an export permit for the work, certificates of authenticity and the like). The photographic record is the basis for a claim against the carrier if the item is damaged in transit.

8. PACKAGING. Packaging is carried out by the Seller according to the rules of international carriage — so that the item survives transfers, a fall from table height and the weight of other parcels. Minimum requirements by size: — up to 60 cm on the longest side: the work wrapped in glassine or film, corners protected, at least 5 cm of bubble wrap on every side, a double-wall cardboard box, voids filled; — 60 to 120 cm: the same, plus rigid sheets (honeycomb board, foam board or plywood) on both sides of the canvas; the box 5–10 cm larger than the work on every side; — over 120 cm, and any sculpture, ceramics, glass or work under glass: a wooden crate or lattice; glass taped in a cross with masking tape, with foam between the glass and the packaging; ceramics and glass packed in a double box with 5 cm of filler between the walls; — a canvas off its stretcher: only in a rigid-wall tube, face out, with an interleaf. The box is marked "Fragile" and "This way up".

9. BUYER'S DATA. The Seller receives the buyer's name, phone number and address solely in order to ship the relevant order. Using these data for mailings or offers outside the Platform, or passing them to third parties, is prohibited.

10. BUYER'S MONEY AND PAYOUT. The buyer's payment reaches the Platform and is held until the item is received. The item is deemed accepted at the moment the buyer receives it from the logistics company. The Platform then transfers the payout (the item price less commission) to the Seller within 3 days, to the details given in the cabinet. Delivery money does not pass through the Seller: the buyer pays it to the carrier.

11. PAYMENT REVERSED AFTER PAYOUT. The buyer's bank may dispute a payment after the payout has been made: payment systems allow months for this, whereas the payout takes place within days of delivery. If the bank debits the sale amount from the Platform, the Seller returns the payout received for that item; the Platform may set it off against forthcoming payouts. The Platform sends the Seller a copy of the bank's notice, and no return is required until the review is complete. If the dispute is resolved in the Platform's favour, the funds are returned to the Seller.

12. WHEN SOMETHING GOES WRONG. If a different item was sent, or the item does not match its description and photographs on the site, the logistics costs both ways are borne by the Seller: the amount is withheld from the payout for that item or from forthcoming payouts. If the buyer declined the item with no complaint about it, the logistics are paid by the buyer.

13. RISKS IN TRANSIT. As the carriage contract is concluded between the Seller as sender and the carrier, damage to or loss of the item in transit is a matter between the Seller and the logistics company: the claim is filed by the Seller on the basis of the photographic record of the packaging and the inspection report drawn up by the buyer on receipt. The carrier compensates the loss within the declared value; if the work is worth more than that limit, the buyer may order an insurance policy for the shipment at their own expense, in which case compensation follows the policy. The Platform assists with correspondence but is not a party to the claim.

14. PROMOTION. The Platform may provide paid promotion services; the terms and prices are set out in the Seller's cabinet. Paid promotion is not a guarantee of a sale.

15. TERM AND CHANGES. The Agreement is concluded for an indefinite term. The Seller may terminate it by removing their items from sale; orders paid before termination remain to be fulfilled. The Platform may terminate the Agreement immediately in the event of a breach of the warranties concerning the goods or of the rules on the buyer's data. The Platform gives notice of changes to the Agreement in the cabinet no later than 14 days before they take effect.