Consignment Agreement (artist agreement)

In case of any discrepancy, the Estonian version prevails / Vastuolude korral kehtib eestikeelne versioon.

1. Parties

This frame agreement is concluded between Ehted Inimestele OÜ (registry code 17048100, VAT No. EE102766983, Rataskaevu tn 20, Kesklinna linnaosa, 10123 Tallinn, Harju maakond; the commission agent or gallery) and the artist consigning works (the consignor or you). This agreement governs all works you consign for sale on ehtekunst.ee. For each work a lightweight snapshot of terms (net payout, dates) is recorded when the work is listed.

2. Legal nature — consignment agreement (LOA Chapter 39)

This is a consignment agreement (komisjonileping): Ehted Inimestele OÜ (commission agent) takes your works for sale in its own name and on your account. Toward the buyer the seller is Ehted Inimestele OÜ; you appear as the maker of the work.

3. Possession and fulfilment

You retain physical possession of your works and, on notice of sale, dispatch the work directly to the buyer within the agreed lead time, using the buyer address and phone number the platform provides (parcel locker). The default lead time is 3 business days; a per-work lead time is yours to set.

4. Title

You retain title to the work until the moment of dispatch, at which point title passes simultaneously along the chain artist → Ehted Inimestele OÜ → buyer (§11 VAT Act, time of supply for a consignment sale).

5. Pricing and gallery markup (15%)

You set the net amount you want to receive for the work. Ehted Inimestele OÜ adds a 15% markup, and VAT (24%) is added to the net retail price. Example:

Your net payout: €1,000 Gallery markup (15%): €150 Net retail: €1,150 VAT (24%): €276 Buyer pays: €1,426

The markup is 15% of your net payout, not a percentage of the sale price. See the principles in docs/COMMISSION.md.

6. Shipping fee passthrough

The shipping fee paid by the buyer (€5 Estonia / €15 EU) is forwarded to you in full, with no markup taken — you pay the actual postage.

7. Payout (net) and VAT

The payout is always stated as a net amount. According to your VAT status:

• A VAT-registered artist invoices Ehted Inimestele OÜ for the net amount + VAT (e.g. €1,000 + €240).
• A non-VAT-registered business and a private person receives the net amount directly by bank transfer and signs a payout confirmation.

8. Billing cycle

After the buyer's 14-day withdrawal window closes, the sale becomes invoice-ready. Submit your invoice for the previous calendar month's fulfilled sales by the 10th of the following month. Ehted Inimestele OÜ pays within 7 days of receiving a valid invoice.

9. Your obligations

Accurate descriptions; dispatch within the stated lead time; prompt notice of availability changes and delays; cooperation in handling complaints and returns.

10. Representations and warranties

You confirm that: you are the maker/owner of the work; the work does not infringe third-party IP; the work is lawful to sell; the work matches its description.

11. Chained withdrawal (return allocation)

If the buyer withdraws within 14 days, the buyer returns the work directly to your address, the sale between Ehted Inimestele OÜ and you for that item terminates automatically, and no payout is owed.

12. Warranty allocation

Within the 2-year statutory warranty period, Ehted Inimestele OÜ handles the buyer relationship. You agree to cooperate on repair/replacement/refund. Cost allocation by defect type: workmanship = artist; transit damage = per carrier claim; post-sale wear = not a defect.

13. Confidentiality

You keep confidential the platform's non-public terms, pricing mechanics and business information.

14. Licence

You grant Ehted Inimestele OÜ a non-exclusive licence to display images and metadata of the work for the duration of the listing and, for archival purposes, perpetually (see Content Submission), including reasonable editorial processing of images/texts for consistent presentation, with changes communicated.

15. Tax responsibility

You are responsible for your own income tax on the payout amount and, if VAT-registered, for the VAT on your invoice to Ehted Inimestele OÜ.

16. Duration and termination

The frame agreement runs until either party terminates it on 2 weeks' notice. A work listing runs for 24 months by default, renewable. Orders in progress and complaints survive termination.

17. Disputes

Estonian law applies; disputes are resolved in Harju County Court.

Legal basis: Law of Obligations Act Chapter 39 (consignment agreement); VAT Act §11.