E-Commerce for Artists
Be successful selling art and art services online.
Keep it simple, secure and accessible
Plus stick to the rules!
Keep it simple, secure and accessible
Plus stick to the rules!
E-commerce is about
Much of the advice you can find below is generic and applicable to all artists no matter where they live. Where information is country-specific, it tends to focus on on the UK. It also provides information relevant to the US market If you like this site please recommend to friends and/or add a link to it on your website |
Whether you are an emerging or experienced artist, this site helps you find out about:
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The more successful a platform for selling art is, the more people will be on it and the less chance you have of being seen.
The CRITICAL issue is
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Bottom line it's all down to YOU - not the platform
In my experience of listening and watching people who are successful, it's not the platform you are on that matters so much as the effort you employ in driving people to a platform. YOU need to ask yourself
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HIGHLY RECOMMENDED Rated an average of:
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How to Sell Your Art Online covers
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Cory Huff is the man behind the popular website The Abundant Artist
Paperback: 192 pages Publisher: Harper Design Publication date: June 28, 2016 BUY THIS BOOK How to Sell Your Art Online from Amazon UK
How to Sell Your Art Online from Amazon.com
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Selling art online means you must know, understand and observe the law and regulations for e-commerce.
Ignorance is no defence. Why the rules of engagement are upfront! There are two main reasons why artists fail to get off on the right foot when it comes to selling their art online
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This site can't possibly explain the ins and outs of all the relevant law and regulations of all the countries that readers may live in.
In order to outline the basics, I've focused BELOW on:
Remember ignorance is no defence in court or the eyes of the tax authorities! |
The EU Directive on eCommerce establishes harmonised rules (within the EU) on issues such as:
Examples of services covered by the Directive include: The legal framework for digital services has been unchanged since the adoption of the e-Commerce Directive in the year 2000.
The proposed new Digital Services Act Package aims to
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REFERENCE: EU Guidance
The consultation calls for views on the following issues concerning digital services and online platforms: |
The Government has published the eCommerce Directive during the transition period.
The eCommerce Directive applies to ‘information society services’. These are defined as:
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The eCommerce Directive continues to apply to the UK for the duration of the transition period. However the Directive does not apply to requirements in the following fields:
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The Department for Business, Energy & Industrial Strategy aim to provide an accessible guide to those running a business of what they have to do to comply with the law.
it developed theThese include guides to
The default country is England but you have the option to change the country and review guidance for Wales and Scotland In brief, laws relating to retailing goods and services in and from the UK cover:
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REFERENCE: Government Guidance in the UK
The regulations set out: |
If marketing online you MUST become fully conversant with the official government Guide to Privacy and Electronic Communications Regulations which relates to anybody who wants to send electronic marketing messages
The regulations can be enforced against an offending company or individual anywhere in the European Union. |
REFERENCE
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The Privacy and Electronic Communications Regulations - Enforcement
These regulations are are enforced by the Information Commission Office (ICO). It has the ability to impose a civil monetary penalty of up to a maximum of £500K if a business is found to have committed a very serious breach of the Regulations. |
(see the list of ICO's latest enforcement action - which is typically against larger companies and for flagrant breaches of the legislation)
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Distance selling takes place when a retailer - such as an artist - sells without face-to-face contact with the customer – such as online, mail order or by telephone
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For artists this covers
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Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods aren’t faulty. Sales of this kind are known as ‘distance selling’.
In the UK retailers and consumers used to be guided by advice from The Office of Fair Trading - but this closed on 1 April 2014.
It's been replaced by the Competition and Markets Authority. Its aim is to
The CMA works with a range of business groups including:
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Two distinct types of legislation affect on-line retailers in the UK.
These are:
In addition there are specific rules:
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Consumer law changed on 1 October 2015, as the Consumer Rights Act came into force. The changes cover:
- what should happen when goods are faulty
- unfair terms in a contract
- what happens when a business is acting in a way which isn’t competitive
- written notice for routine inspections to be given by public enforcers, such as Trading Standards
- greater flexibility for public enforcers to respond to breaches of consumer law, such as seeking redress for consumers who have suffered harm
As well as these changes there are 2 new areas of law covering:
- what should happen when digital content (eg online films, games, e-books) is faulty - the act now gives consumers a clear right to repair or replacement
- how services should match up to what has been agreed, and what should happen when they do not or when they are not provided with reasonable care and skill (eg giving some money back if it is not practical to bring the service into line with what was agreed)
Consumer Rights Act 2015 | policy Paper
REFERENCE: GOVERNMENT GUIDANCE
The law and regulations in the UK cover the following. Click the link in the name of the topic to access the Business Companion In-Depth Guide to that topic. You can print the guide or downl0ad a PDF This site contains impartial free information, and is Government-backed. |
Guidance when you are not selling face to face / selling online
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Unfair Contract Terms
When doing business with customers, your contract terms need to be demonstrably fair. That's because an 'unfair' contract term if not legally binding - and you cannot rely on it in any dispute should this get as far as court. REFERENCE: Unfair terms and your business (March 2016)
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These are specific government guides about what constitutes an unfair contract terms or condition. They also tell you what you should do.
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The Distance Selling Regulations ('DSRs')
give buyers:
Note that there are different rules for downloads and streaming services. |
You must display information such as: |
The Electronic Commerce (EC Directive) Regulations 2002 ('ECRs')
require all commercial websites to provide to customers - via the website -
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Value Added Tax (VAT) applies to ALL retailers if you’re supplying digital services to consumers based in other EU countries (irrespective or turnover).
You must either:
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You must clearly display the word ‘invoice’ on the document. You must include: |
The government website also provides a clear statement of what laws apply in relation to accepting returns and giving refunds: the law
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It’s illegal to display any notice that deliberately misleads consumers or deceives them about their rights, e.g. a sign that says you don’t accept returns or offer refunds. |
Artists MUST take note of all local state regulations relating to selling art and selling art online. A useful principle is to assume a law or regulation applies to you until such time as you find a government website which says it doesn't!
The links listed below are primarily to government sites (rather than articles by people writing about the legislation and regulation). However you should check out dates on all information. What has been true in the past may no longer be relevant. |
It's impossible for me to cover all the variations at a local level. Listed below are links to the the main Federal websites which set out the laws and regulations you need to observe
This site does not warrant that all links lead to the most current and up to date information. I do not live in the USA although I do try and review and update periodically. Frankly trying to keep up with changes at the moment under the current administration is also taxing and confusing. If you know of more relevant and up to date information, please contact me by leaving a comment and a URL for the site which is provides that information. |
Under the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based.
Federal Trade Commission
Federal Trade Commission: CAN-SPAM Act: A Compliance Guide for Business
This page explains federal requirements and penalties for those who send commercial emails, including consumers' right to ask e-mailers to stop spamming them. The CAN-SPAM Act: Requirements for Commercial E-mailers
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Do you use email in your business? The CAN-SPAM Act establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law. |
The FTC has enforced and will continue enforcing its consumer protection laws to ensure that products and services are described truthfully online, and that consumers understand what they are paying for. These activities benefit consumers as well as sellers, who expect and deserve the opportunity to compete in a marketplace free of deception and unfair practices.
.com Disclosures
Advice from the UK Government
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Advice from other sources
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PayPal has a number of reference points relating to buying and selling online and being secure.
If you propose to use PayPal as part of being retailing your art online then they are all a recommended read for the following reasons
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Selling securely and how to prevent fraud and losses
PayPal provides advice about selling securely and how to prevent fraud and losses through its PayPal Seller Protection Programme - including, for example:
Dispute Resolution
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eCommerce software options
Most offer 14 day free trials. If you're going to take the plunge make sure you are a in position to properly test the software
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Reviews of eCommerce software
It's always difficult to know whether reviews have been sponsored - there's certainly quite a few reviews out there which are destined to favour one provider!
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GENERIC ISSUES
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SHOPIFY REVIEWS
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Copyright: 2015-2021 Katherine Tyrrell | Making A Mark Publications
- all rights reserved If you've got any suggestions for what you'd like to see on this website please send me your suggestion
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PLEASE NOTE:
1) Content and the law change all the time. It's impossible to keep up with it if you're not working on the topic full time. 2) I research topics carefully. However, I am totally unable to warrant that ANY and/or ALL information is
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3) Hence all information I provide comes without any LIABILITY whatsoever to you for any choices you make.
4) This website is FREE FOR YOU but not for me. Links to books are Amazon Affiliate links. Buying a book via this website means I get a very small payment which helps to fund and maintain this website. .I much appreciate any support your provide. Adverts are provided by Google AdSense - but the adverts do not mean I endorse the advertiser. |