How to sell art online - an introduction for artists

Viewing and buying art online is one of the growth areas of the internet

E-commerce is about
  • buying and selling goods online
  • i.e. commercial transactions conducted electronically via the internet.

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:
  • TECHNICAL TIPS for how to drive traffic to your chosen sales venue; e-commerce and payment systems for selling online and other tools and webware which can help with e-commerce for artist.
  • THE RULES about selling art online - specifically the law and regulations in the UK and USA relating to selling online
  • ADVICE about how to stay safe when selling online
  • OPTIONS for where best to sell art online - via your websites, blog, shopping carts, auctions, online galleries, online stores, print on demand and email marketing and reviews of the various sites offering to help you sell your art online

TIPS for ecommerce online
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Some brief pointers for selling art online

  • ​Customer Profile: Understand the characteristics of the online consumer you're trying to attract and what they want to know.
  • Visualise: Make sure people see your art on every page of your website
  • Describe: Every picture does NOT tell a story. You also need to tell them the title, media, size. Every pic needs a credit line
  • Communicate: Tell a story about your art online in the same way that a gallery owner might or you would do if selling from your own studio
  • Social Media: Use Blogs, Facebook and Twitter to tell people about new art you've produced. Those sharing work while it is being produced sometimes sell it before it is finished.
  • Convey value: Communicate value in terms of how you describe your art and the art materials used to produce it
  • Price your art - Don't leave people wondering whether they can  afford your art. Don't deter galleries from wondering whether you might fit their marketplace.
  • No surprises: make it easy for people to understand what it costs to buy your art - don't have any hidden surprises​
  • Mobile-friendly - Make sure people can find your art and everything they need to know while viewing your website on a mobile phone.
  • Packing and shipping: don't start selling online until you've worked out how you are going to fulfil orders in terms of packing and shipping ( see How to pack, post and ship art) Also be clear where you will ship to (e.g. mainland USA only)
  • Presentation - framed or unframed: Decide whether you are selling framed or unframed. Latter is far cheaper, presents fewer supply and delivery problems and offers better value to the customer. Framed looks good but is more expensive for the purchaser. Alternatively provide advice on the best type of frame for the work - or offer to arrange to take it to a framer. (see Frame Art for more about framing)
  • Payment: Make "how to pay" easy to understand. Make it easy for people to pay and make payment secure. Paypal is acceptable to many but most important is the security padlock around payments and personal data. Sometimes you have to conclude the financial transaction offline, especially if the sums involved are large. 
  • Security: If accepting payments online you need a robust and secure eCommerce site for people to feel safe about buying online. You also need a security certificate for your site and https as a prefix.
  • Privacy: If marketing to sellers in Europe you MUST be compliant with regulations on Data Privacy - or face significant fines - no matter where you live in the world. You MUST be compliant with the EU General Data Protection Regulation (GDPR) or risk a fine of 4% of turnover. AND you must also be compliant with the Privacy and Electronic Communications Regulations  (see below). See also Data Protection for Art and Artists
  • Returns: Make sure you are compliant with the law on returning goods and getting a refund
  • Crunch the numbers: Learn how to use Google Analytics to understand how people get to your site, what they do when they get there and how they arrive at a buy decision - and where they exit prior to making a purchase.
REFERENCE:

Platforms for selling art online 
​

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
  • producing quality work
  • which does not look like anybody else's
  • which makes you stand out from the crowd.​
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
  • Are you producing quality work?
  • Do you present it well on a platform which people have confidence in re. making purchases?
  • Are you driving traffic to places where it can be bought?
How to Sell Your Art Online: Live a Successful Creative Life on Your Own Terms
by Cory Huff

HIGHLY RECOMMENDED
Rated an average of:
  • UK: 4.4 out of 5 stars by 144 customer reviews
  • USA: 4.4 out of 5 stars by 172 customer reviews
​ If your goal is selling the work, read this book.
How to Sell Your Art Online covers
  • How to make a successful living from your artwork
  • Why selling direct can make more money for the artist
  • Use effective business strategies necessary to make artistic creations pay
  • Find your niche and ideal collectors
  • Build a website that sells
  • Build your mailing list
  • how to use social media and PR to market your art without selling your soul
  • how to be businesslike and focus on dedicating time to business and  focusing on the right things
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

The Rules: Law and Regulations about Selling Art Online

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
  1. It's not that easy to know what you're supposed to know - and then to find out all the relevant details. Hopefully this site goes some way to filling in the gaps. (If you find it helpful don't forget to tell others!)
  2. Not everybody does the research to find out what they need to know
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:
  • the UK (where I live) and
  • the USA (where a lot of readers live)
  • rules relating to Europe which people selling art need to be aware of (coming soon)
However you do need to do your own homework as well.

Remember ignorance is no defence in court or the eyes of the tax authorities!

European Union and e-Commerce
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The EU Directive on eCommerce establishes harmonised rules (within the EU) on issues such as:
  • transparency and information requirements for online service providers,
  • commercial communications,
  • electronic contracts and limitations of liability of intermediary service providers.
Examples of services covered by the Directive include:
- online information services,
- online selling of products and services,
- online advertising,
- professional services,
- entertainment services and basic intermediary services. These services include also services provided free of charge to the recipient (e.g. funded by advertising).
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 
  • strengthen the Single Market for digital services and 
  • foster innovation and competitiveness of the European online environment.
Consultation is taking place June - September 2020
REFERENCE: EU Guidance 
The consultation calls for views on the following issues concerning digital services and online platforms:
- How to effectively keep users safe online.
- Reviewing the liability regime of digital services acting as intermediaries.
- What issues derive from the gatekeeper power of digital platforms.
- Other emerging issues and opportunities, including online advertising and smart contracts.
- How to address challenges around the situation of self-employed individuals offering services through online platforms.
​- What governance for reinforcing the Single Market for digital services.
European Commission launches consultation on Digital Services Act package | William Fry

UK: E-COMMERCE LAW & REGULATIONS
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BREXIT
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The Government has published the eCommerce Directive during the transition period. 

​The eCommerce Directive applies to ‘information society services’. These are defined as:
  • any service normally provided for payment, including indirect payment such as advertising revenue
  • ‘at a distance’ (where customers can use the service without the provider being present)
  • by electronic means
  • at the individual request of a recipient of the service
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:
  • tax
  • questions about agreements or practices governed by cartel law
  • certain gambling activities
  • personal data covered by the GDPR and e-Privacy Directive
  • legal requirements relating to goods such as safety standards, labelling obligations or liability for goods
  • requirements relating to delivering or transporting goods.
REFERENCE: Brexit Guidance re ecommerce

Business Companion Guides - including Distance Selling

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
  • selling online (distance selling) and
  • selling any goods, services or digital goods online.

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:
  • what you sell (goods, services or digital content)
  • where you sell (in a shop or online, say)
  • how you sell (treating customers fairly and abiding by any other rules that apply)​.
REFERENCE: Government Guidance in the UK
The regulations set out:
- the information which a trader must give to a consumer before and after making a sale
- how that information should be given
- the right for consumers to change their minds when buying at a distance or off-premises
- delivery times and passing of risk
- a prohibition on any additional payments which appear as a default option
- ​a prohibition on consumers having to pay more than the basic rate for post-contract customer helplines.

Privacy and Electronic Communications Regulations

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
  • by phone, fax, email or text (e.g. if you have a contact telephone number to respond to any queries about e.g. your artwork or art tuition service)
  • use cookies, or
  • provide electronic communication services to the public.

The regulations can be enforced against an offending company or individual anywhere in the European Union.
  • The Regulations were first introduced in 2003.
  • In 2011, the European Directive was revised. 
  • The current Regulations in the UK were amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.
REFERENCE
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)
​The Guide to Privacy and Electronic Communications Regulations
published by the Information Commissioner's Office covers:
  • What are PECR?
  • Key concepts and definitions
  • Electronic and telephone marketing
  • Telephone marketing
  • Fax marketing
  • Electronic mail marketing
  • Using marketing lists
  • Cookies and similar technologies
  • Communications networks and services
  • Security of services
  • Security breaches
  • Traffic data
  • Location data
  • Itemised bills
  • Line identification (CLI)
  • Directories
  • Exemptions
  • Complaints

Distance Selling in the UK - official guidance
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What is distance selling?

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
​For artists this covers
  • goods (e.g. artwork for sale),
  • services (e.g. art instruction online) and/or
  • digital content (e.g. educational DVDs or access to same online) 
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’.

What does the law cover?

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
  • promote compliance and understanding of the law which protects consumers and
  • empower consumers to make informed choices.

The CMA works with a range of business groups including:
Two distinct types of legislation affect on-line retailers in the UK.

These are:
  • the traditional consumer protection legislation which applies irrespective of there goods are sold
  • specific rules which relate to distance selling and selling online.

In addition there are specific rules:
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.

The content on Business Companion is written and verified by expert contributors, but is not designed to be a replacement for professional advice and is intended only for guidance; only the courts can give an authoritative interpretation of the law.

Business Companion - Trading Standards law explained website
Guidance when you are not selling face to face / selling online General guidance about the sale and supply of goods following The Consumer Rights Act 2015 General guidance on trading and contractual and business terms
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)
These are specific government guides about what constitutes an unfair contract terms or condition. They also tell you what you should do.
The Distance Selling Regulations ('DSRs')
give buyers:
  • A right to know who they are dealing with
  • Key information about what they are buying
  • An unconditional right to cancel within seven working days, and to receive a full refund
  • Protection against online payment card fraud

Note that there are different rules for downloads and streaming services.
You must display information such as:
-  your business name and contact details
- a description of your goods or services
- the price, including all taxes
- how a customer can pay
- delivery arrangements, costs and how long goods will take to arrive
- the minimum length of their contract
- conditions for terminating contracts
- information about the customer’s right to cancel within 14 days
Online and distance selling for businesses | Gov.uk
The Electronic Commerce (EC Directive) Regulations 2002 ('ECRs')
require all commercial websites to provide to customers - via the website -
  • an email address for direct and effective communication.
  • the company's name, postal address (and registered office address if this is different) and email address;
  • the company's registration number;
  • any Trade or Professional Association memberships;
  • the company's VAT number.
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:

Invoices
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Invoices: The government provides a very clear statement about Invoices - what they must include

You must clearly display the word ‘invoice’ on the document. You must include:
- a unique identification number
- your company name, address and contact information
- the company name and address of the customer you’re invoicing
- a clear description of what you’re charging for
- the date the goods or service were provided (supply date)
- the date of the invoice
- the amount(s) being charged
- VAT amount if applicable
- the total amount owed

Sole trader invoices

If you’re a sole trader, the invoice must also include:
- your name and any business name being used
- an address where any legal documents can be delivered to you if you are using a business name

Invoices - what they must include | Gov.UK
If you consider or decide to run your trading arm as a limited company, you also need to be aware of all the paperwork requirements for a limited company

Returns and Refunds
​

The government website also provides a clear statement of what laws apply in relation to accepting returns and giving refunds: the law
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.
Accepting returns and giving refunds: the law | Gov.UK
These are links to relevant government websites and advice centres relating to consumer rights relating to returns and refunds.

USA: E-COMMERCE LAW & REGULATIONS
​

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 requirements

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
  • The CAN-SPAM Act requires the Commission to issue regulations “defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message.”
  • The CAN-SPAM Act applies almost exclusively to ALL “commercial electronic mail messages”.
  • Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $40,654, so non-compliance can be costly.
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.
Federal Trade Commission
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.
Federal Trade Commission
CAN-SPAM’s main requirements:
  1. Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
  2. Don’t use deceptive subject lines.
  3. Identify the message as an ad.
  4. Tell recipients where you’re located. Your message must include your valid physical postal address.
  5. Tell recipients how to opt out of receiving future email from you. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand.
  6. Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message.
  7. Monitor what others are doing on your behalf. you can’t contract away your legal responsibility to comply with the law.

Federal Trade Commission - Online Advertising

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
Federal Trade Commission - .com Disclosures: How to Make Effective Disclosures in Digital Advertising
Digital advertising applies to print, on radio or TV, or on the Internet
This publication offers practical tips on how to make effective disclosures up front and online.
View PDF (2.22 MB) It describes the information businesses should consider as they develop online ads to ensure that they comply with the law.

USA.gov - Small Business

Small Business
The Small Business website - within US..gov - is the U.S. Government's official website for small businesses.  It contains advice and information about 'how to' It helps business owners successfully start and operate while staying compliant with laws and regulations.
It also provides access to State and Territory Business Resources

Learn rules and regulations for running an online business

US Chamber of Commerce - Telecommunications & E-Commerce Committee

The Telecommunications & E-Commerce Committee is the place where you can find the issues which the business sector are lobbying on. Current issues are:

How to be safe and secure when selling online
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Advice and information about being safe and secure and avoiding scams

Advice from the UK Government
​

Get Safe Online is the UK government's focus for advice for retailers and consumers about being safe online. Note the recommendations they give to people about shopping online and what to look for in a website

This is The Rough Guide to Online Safety - this is a very accessible read in the style of the "Rough Guide". Information and advice is clearly structures and covers

Advice from other sources
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Advice from PayPal
​

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
  • in order to protect yourself
  • in order to know what people will want to see with respect to ordering online safely (e.g. secure website using appropriate precautions around customer's personal data)​
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

E-commerce / Shopping cart Software
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Questions to ask

Aspects which need to be assessed when considering eCommerce software are as follows:
  • Integration: Can the software be integrated into or used with your existing website or blog?
  • Accessible: Does it use responsive templates such that the online store can be seen easily on screens of different sizes
  • Templates: How many templates are there? Are they the sort you wouldn;t mind using? (i.e. there's no point in having lots of templates if you wouldn't want to be associated with any of them and/or none would allow your artwork to look good!)
  • Product display: Can it display your artwork well?  How many changes can you make to how it is displayed?
  • Payment systems: what payment systems does it allow you to use?
  • Reports: are standard reports built into the system AND does it allow you to configure you own reports?
  • Pricing plans - This software is not free. So - what's the cost of using the software and do the options have one which is a good fit with your business?  How do the fees work relative to the cost of your artwork?

eCommerce primer

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
  • Shopify - One of the most well known. Started in 2006 and now has 160,000 Shopify Stores which have sold $8 billion worth of sales
  • BigCommerce - has some very impressive clients and an impressive growth rate. Appears to be very on the ball and keeping pace with changes in technology and retail trends
  • Volusion - they boast that Volusion merchants have generated over $18 billion in sales, that's 4x more sales than competitors' merchants.
  • 3Dcart - Hosted shopping cart sortware to build an online store. Looks less wizzy than the others.
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!

Artists commenting on ecommerce options
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GENERIC ISSUES
SHOPIFY REVIEWS