Version: 2.14
Last updated: April 17, 2026
These Terms and Conditions for Artwork Consignment with Buyout Option ('Terms') govern the relationship between PickArt and any artist ('Artist') who accepts these Terms electronically when registering an artist account on the PickArt platform.
"PickArt" means either PickArt AG, a company registered in Silvaplana, Switzerland (CHE-473.191.197), or PickArt Platform Ltd, a company registered in Marlow, England (Company Number 16883707), depending on the Artist's habitual residence or principal place of living as set forth below.
By accepting these Terms, the Artist enters into a binding agreement with the relevant PickArt entity as determined by the Artist's habitual residence or principal place of living:
By checking "I accept", the Artist confirms agreement to these Terms, thereby entering into a binding contract with the applicable PickArt entity as set forth above.
PickArt is acting as an agent to facilitate the sale of artworks within hospitality spaces.
The Artist provides the required legal details (name, address, identification, bank details, and VAT status) during the online registration process. These details automatically form part of the Agreement and may be viewed or updated by the Artist at any time in their profile section.
The Artist acknowledges and agrees that the contracting PickArt entity will be determined based on the Artist's habitual residence or principal place of living as provided during registration. This determination governs the applicable governing law, jurisdiction, and tax treatment applicable to this Agreement.
This Agreement sets forth the terms and conditions under which ARTIST appoints PickArt as an exclusive agent to promote, display, and facilitate the sale of certain original artworks (the "Artworks") within designated hospitality spaces.
PickArt shall act as an intermediary between ARTIST and potential buyers, arranging for the exhibition and marketing of Artworks through the PickArt platform while offering ARTIST a structured payment model, including a conditional purchase option as detailed herein.
Ownership of the Artworks shall remain with ARTIST unless transferred upon sale to a third-party buyer or in accordance with the purchase option mechanism set forth in this Agreement.
Artworks:
Work of art that ARTIST provides to PickArt for display and potential sale under the terms of this Agreement.
ArtBonus:
A periodic payment made to ARTIST while an Artwork remains displayed in rental properties and living spaces such as short-term rental apartments and hotel rooms. It is calculated as a percentage of the Artwork's agreed value per night.
Purchase Option:
The right of PickArt to acquire ownership of an unsold Artwork once the total ArtBonus payments made to ARTIST for such Artwork reach Buyout price value.
Base Price:
A fixed base price of the Artwork agreed between PickArt and the ARTIST, used solely for the purpose of calculating the Buyout Price. The Base Price is an internal reference value agreed between PickArt and the ARTIST for revenue-sharing purposes only and may differ from the final price charged to the end customer (Total Price).
Total Price:
The final amount charged to the end customer, which may include the Base Price plus applicable VAT, shipping, insurance, framing, or other services as determined by PickArt. The Total Price may be increased or decreased at PickArt's sole discretion due to promotions, discounts, or other marketing campaigns. Such adjustments shall not affect the Base Price, the Buyout Price, or the ARTIST's share.
Buyout Price:
The amount payable to the ARTIST upon sale of the Artwork to a third party buyer or buyout by PickArt, equal to sixty percent (60%) of the Base Price, regardless of the Total Price.
Consignment Listing:
The digital record the Artist submits through their PickArt account containing details of an Artwork offered for consignment. Submission of a Consignment Listing constitutes an offer by the Artist to consign that Artwork to PickArt under these Terms.
Placement Confirmation:
The electronic notice issued by PickArt to the Artist confirming that a consigned Artwork has been allocated to a venue for display or sale.
Artwork Manifest:
The delivery and condition receipt signed by the receiving venue (digitally or physically) confirming that the Artwork described therein has been received from PickArt in good condition.
Rental Property:
For the purposes of this Agreement, "rental property" exclusively refers to short-term rental accommodations (STRs), such as apartments or vacation homes. Artworks placed in all other locations (including hotels, restaurants, offices, and other public or semi-public venues) are outside the scope of ArtBonus eligibility.
The Artist submits each artwork intended for consignment by completing a Consignment Listing through their Artist Account. Each Listing must include accurate descriptive details, photographs, base price, buyout price, and all other required information. Submission of the Listing constitutes an offer by the Artist to consign that Artwork under these Terms.
Before submitting a Listing, the Artist must provide high-quality images meeting PickArt's Photography Guidelines (https://www.pickart.com/en/photo-guidelines). Incomplete or non-compliant submissions may delay approval.
By submitting images, the Artist warrants that all images are free of third-party rights and authorizes PickArt to use them for marketing and sales under Section 7.
PickArt may approve or reject any submitted Listing at its sole discretion within ten (10) business days. Approval creates a binding consignment for that Artwork and authorizes PickArt to begin placement and marketing efforts. PickArt determines, at its discretion, the venue type, duration, and conditions of exhibition for each Artwork.
Following approval, PickArt has up to ninety (90) days to secure placement for the consigned Artwork ("Placement Window"). During this period, the Artwork is subject to PickArt's exclusive representation and may not be sold, exhibited, or otherwise offered elsewhere.
If PickArt has not provided a Placement Confirmation within the ninety (90)-day Placement Window, the Artist may request withdrawal of the Artwork by emailing curatorial@pickart.com. PickArt shall confirm such withdrawal within ten (10) business days, and all obligations for that Artwork shall cease thereafter.
Once an Artwork is allocated to a venue, PickArt issues a Placement Confirmation to the Artist via their account or registered email stating the venue's name, address, contact information, and expected delivery or installation date.
If placed in a rental property, the Artwork accrues ArtBonus as described in Section 5.
If displayed in a hotel or exposure-based location, ArtBonus does not apply; however, such placement is intended to increase the likelihood of sale.
Upon physical delivery to the venue, an Artwork Manifest is generated as a receipt confirming receipt and condition of the Artwork. It is signed (physically or digitally) by the venue's authorized representative, retained by PickArt, and shared with the Artist for their record. The Manifest functions solely as proof of transfer and condition between PickArt and the venue.
Packaging and shipment logistics are shared as follows:
PickArt assumes full liability for loss or damage from the time it receives the Artwork until its return or sale.
Once a Placement Confirmation has been issued and the corresponding Artwork Manifest executed, the Artist may not withdraw that Artwork for two (2) years. Earlier withdrawal is allowed only upon reimbursement of all ArtBonus payments received and payment of an administrative fee of 350 CHF.
The Artist must ensure that each consigned Artwork is exhibition-ready upon delivery, including being properly stretched, framed, and accompanied by a Certificate of Authenticity (which may be issued in physical or digital form).
If PickArt determines that additional presentation elements—such as framing, mounting, or other enhancements—would improve exhibition quality or sale potential, PickArt shall have the right, at its sole discretion, to perform or arrange such enhancements. Associated costs may increase the Total Price but will not change the Artist's Buyout Price.
4.1. ARTIST shall retain full legal and beneficial ownership of each Artwork unless and until one of the following occurs:
PickArt reserves the right to complete the Buyout at any time by paying the remaining balance of the Buyout Price directly to the ARTIST.
4.2. Consequences of PickArt acquiring ownership of the Artwork according to 4.1(b):
PickArt shall notify the Artist in writing once the full payment has been made, for record-keeping purposes only. The Artist may acknowledge receipt of this notice electronically, but such acknowledgment shall not be a condition for the effectiveness of the transfer.
4.3. ARTIST may place any additional artwork on the PickArt platform at any time without signing a new agreement. These artworks will be subject to the most recent terms applicable at the time of upload, as notified to the ARTIST via email and published on the PickArt platform. By uploading a new artwork, the ARTIST confirms their agreement with the updated terms.
5.1. ArtBonus shall be payable to the ARTIST only with respect to Artworks displayed in living spaces and spaces directly rented by customers such as short-term rental properties (STRs) or hotel rooms. Artworks placed in restaurants, offices, hotel lobbies or other public or semi-public venues are not subject to ArtBonus.
5.2. The Artist shall receive at least fifty percent (50%) of the total ArtBonus collected for each Artwork. In the first year of display, this shall be limited to the actual amount collected, without any guaranteed minimum. Starting from the second year of display, PickArt guarantees that the ARTIST shall receive no less than ten percent (10%) of the Artwork's Buyout Price per year through ArtBonus payments.
5.3. The regularity of ArtBonus distribution from PickArt to the Artist will depend on the accounting periods of PickArt's partner who exhibits the artwork. PickArt will distribute the payments to the Artist within thirty (30) days following the end of each such accounting period. This may be quarterly, semiannually or else. PickArt also provides the artist with reports, which must contain information on sales and ArtBonus accruals for each Artwork.
5.4. ArtBonus payments to the ARTIST shall cease once the ARTIST has received their full share of the Artwork's Buyout Price, as specified in Section 6.
6.1. Upon sale of an Artwork to a third-party buyer:
6.2. If the ArtBonus payments already received by the ARTIST meet or exceed the Buyout Price, the Artwork shall be deemed already acquired by PickArt under Clause 4.1(b), and no additional payment shall be due upon subsequent sale to a third party. PickArt shall retain the full sale proceeds in such case.
6.3. Parties specify revenue distribution for each Artwork in the Transfer Sheet signed for such Artwork, otherwise general terms of this agreement shall apply. PickArt reserves the right to modify the revenue distribution percentages at its sole discretion, as set in the clause 6.5.
6.4. Payment procedure
6.5. Changes to Commercial Terms
6.5.1. PickArt reserves the right to update its commercial terms for newly consigned Artworks, including but not limited to commission structures and service fees. Such changes shall not apply retroactively to previously consigned Artworks. PickArt will publish updated terms on its platform and notify the Artist via email and platform notification prior to their effective date.
6.5.2. In order to submit new Consignment Listings after the updated terms take effect, the Artist must review and explicitly accept the new terms. Access to the "Consign an Artwork" function shall be disabled until the Artist provides acceptance.
8.1. This Agreement shall remain in full force and effect until all obligations of both parties hereunder have been fully performed, satisfied, or otherwise discharged in accordance with its terms. This Agreement may be terminated earlier in accordance with the current Section.
8.2. PickArt may terminate this Agreement at any time by providing written notice to ARTIST. In such event:
8.3. ARTIST may not terminate this Agreement unilaterally unless PickArt breaches its obligations, which remains uncured for a period of sixty (60) days following written notice from ARTIST.
9.1. This Agreement is governed by and construed in accordance with:
each without regard to conflict of law principles.
9.2. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of:
9.3. Alternative Dispute Resolution
Notwithstanding the foregoing, by mutual written agreement, the parties may agree to submit disputes to alternative jurisdictions or arbitration.
10.1. Each party agrees to maintain the confidentiality of all proprietary and financial information related to this Agreement.
10.2. This confidentiality obligation shall survive the termination of this Agreement.
ARTIST acknowledges and agrees that PickArt is not a tax agent and shall have no responsibility for withholding, reporting, or remitting any taxes, VAT, or other financial obligations on behalf of ARTIST.
ARTIST is solely responsible for determining, reporting, and paying any applicable income tax, VAT, sales tax, duties, or other levies imposed by any governmental authority in connection with any payments received under this Agreement.
PickArt shall not be held liable for any failure by ARTIST to comply with their tax obligations. If any tax authority imposes a liability on PickArt due to ARTIST's failure to fulfill their tax duties, ARTIST agrees to indemnify and hold PickArt harmless from any claims, penalties, or financial losses incurred.
PickArt applies VAT to the full amount charged to the end customer in accordance with applicable VAT regulations. The Artist must accurately declare their VAT registration status upon first using the PickArt platform and is responsible for timely maintaining and updating this status directly in their profile on the PickArt platform. PickArt relies on the information provided by the Artist in the platform profile to calculate and adjust payments accordingly. Failure by the Artist to timely update or disclose changes to their VAT registration status via the platform shall be the sole responsibility of the Artist. PickArt shall not be liable for any retroactive payment adjustments or tax obligations arising from such failure.
The Artist acknowledges that PickArt is not responsible for any VAT obligations arising from the Artist's jurisdiction of tax residence or due to the Artist's failure to comply with applicable local tax laws. Furthermore, if the Artist is domiciled outside Switzerland, they must ensure full compliance with all relevant tax laws in their jurisdiction, including but not limited to VAT and customs duties.
The ARTIST acknowledges and agrees that all payments received from PickArt under this Agreement, including but not limited to the Buyout Price and any ArtBonus, may constitute taxable income under the laws of the ARTIST's jurisdiction. PickArt shall not withhold or remit any income tax, social security contributions, or similar charges on behalf of the ARTIST. The ARTIST is solely responsible for complying with all applicable tax obligations in their country of residence or tax domicile.
PickArt shall not be liable for any tax reporting or payment failures on the part of the ARTIST in relation to ArtBonus income.
These Terms are accepted electronically through the PickArt platform. No handwritten or digital signature is required. The Artist's act of checking the acceptance box during account creation or activation constitutes full, valid, and binding consent under applicable law, including Swiss contract law.
In the event the Artist becomes permanently unavailable to manage their affairs — including due to serious health reasons or the passing of the Artist — all rights and obligations under this Agreement shall transfer to the Artist's legally recognized heirs, estate, or duly authorized representatives in accordance with applicable Swiss law.
PickArt may request official documentation confirming the situation (e.g., a certificate of inheritance or other legal proof), along with contact details of the appointed representative. PickArt shall not be liable for delays or withheld payments resulting from missing or unverified documentation.
If any payment to the Artist or their legal successors cannot be delivered (e.g., due to a closed account or incorrect contact information), PickArt will hold the funds in a designated internal account for up to ten (10) years from the original payment date.
During this time, PickArt will make reasonable efforts to contact the rightful recipient. After this period, if no valid claim has been received and verified, the funds may be reallocated in accordance with applicable Swiss regulations. No further claims will be accepted after this period.
By creating a consignment artist account and checking the acceptance box, the Artist confirms that they have read, understood, and agreed to these Terms. Acceptance forms a binding agreement between the Artist and PickArt AG.