[Zanda]

This is the situation. I've had artwork advertised on this gallery site, I provided them with photos etc of the artwork, and price of the sale and value of commission was clearly set out in emails. They would take roughly 50%, which is something we both agreed on.

When one of the finer pieces sold I was initially exited and without wasting any time I had the artwork expertly packaged and sent to them by special delivery so it would reach them as quickly as possible as I knew they would also have to send it on to the buyer.

I had confirmation that they received it fairly quickly so everything at this point seemed ok. Days then weeks past, but I hadn't forgotten about the sale, and I trawled through old email exchanges and I saw that in the small print they claim to pay you 30 days from the sale. So this would explain my long and patient wait. However another two weeks past (six weeks from sale now), and still I heard nothing, no email no cheque.

So I thought I should chase them up, when I did they asked if I could produce an invoice for them. If they had any intention of honoring their side of the agreement I believe they should have asked for this much earlier. Anyhow, I promptly created an invoice as I thought this must have been the reason for the delay.

I had confirmation that the invoice was received and was fine. So more days past no cheque still. I emailed them again, only to be told they were going to chase the so called 'accounts department'. The following day I emailed and asked if they were successful in contacting the accounts department, and this time no answer. I could see the gallery was active as they were posting on facebook. So I tried again asking them what they would do if they were in my situation, again no answer. So this is where I am now . . . they have my artwork, they've been paid and I'm left with nothing.

So I've written this here in hope of some sound advice. I'm not going to say who they are at this point because I still hope that they see sense and honor their side of the agreement. But the way things are looking is not promising. It wouldn't take much for people to realise who this lot are as they've been discussed on here before regarding different subjects. Where do I go from here, any ideas?

[mc9205]

You have to make them honor their side of the agreement by calling them out. I would name them so people know not to deal with them and then they'll maybe start to do business correctly.

[Poster Bob]

Have you tried posting on their Facebook page and Tweeting them? The public airing of the issue may cause them to take care of it quickly.

[hopz121]

Which gallery is it?

I would be taking this further if i was you, they seem to be taking to Michael a bit!

Good Luck

Ash

[Zanda]

I haven't tried posting on their facebook page as I'm not great at social media stuff, but I'm sure I'd be able to do that. It might be worth a try. They have a phone number which I suppose was going to be my next attempt to try and get some sort of explanation from them.

[tartarus]

are they still selling other pieces of yours? the frog on can?

[Zanda]

I'm sure people would like to know, but there may still be some logical reason why nearly two months have passed and I still have no payment. I also wouldn't like to jeopardise my chances of getting what I am owed. To clarify about my Gold Frogs, which I recently made a post for, printcave who I work with are the official outlet for these and are not the problem. The gallery in question is someone different.

[Happy Shopper]

Is this Opus?
They've been around for a while, and I imagine are a bit crap with service. I'd hope you'd get paid though!!

[Zanda]

Thank you buckwurst, this seems like sound advice and a good understanding of my situation. It's not always obvious what to do, and it's so easy to become frustrated especially when emails are not even answered.

[matp]

Send them a CCJ letter.

[Deleted]

I deal with a few clients who state that they will pay me within 30 days and it usually ends up being 60 days (or more) so maybe they are just going to be slow payers.

You'll then have to decide if you are ok waiting that long for you money or if you want to go elsewhere.

Once you are in the loop though it's not so bad but that initial wait for the first payment seems to go on forever.

Good luck!

[Zanda]

Thanks for all the advice and support. I'm hot headed so I think I might have already burnt my bridges with regard to future business with them :/

[Deleted]

I would also wait on airing them publicly, I haven't been here long but a lot of member want to draw blood at the first sign of any potential miscommunication and are sometimes a little to overzealous at wanted to post negative info possibly hurting a gallery when in fact there is/was no negative intent.

I am not saying this is the case, but i had sold some works via consignment here in teh states to a well known gallery whom most members would know for sure and when doing so I noticed 2 out of 6 works consigned sold almost immediately. I was in the same boat assuming that since the works sold I would soon be receiving payment. However after a few back and forth emails it was noted that the works did in fact sell but to a long time standing client in which they allowed to place a deposit on and they were awaiting the remainder of the payment (or completion of sale, if you will) from their client before paying me out my owed $$$'s.

This is probably not what is happening on your end but its just an example of how it can be any number of things from something very simple to something very complicated. And although most galleries are "Small" when you compare them to other companies in regarsd to number of employees etc.. but you have to realize almost all professional galleries or most galleries who operate on a more grand scale with clients most likely do have various "departments" so to speak even if that department only consists of one employee, such as sales, accounts, director and so on.. Also there is the assumption that, "well if they are continuing to do buisness day to day then why have I been forgotten? well a lot of busy galleries are inundated with inquiries and its a very tedious task spending your days responding to multiple emails assuring all info is correct etc..

I agree with BUCKWURST I think best bet is to place a call and speak to a someone directly and let them know your trying to clarify the situation and if they could assist you with the completion of the consignment and let them know that you may choose to work them again but ask if this is normal practice or should you expect different results next time...

overall good luck and I wouldn't worry too much. However just adding in that whatever the circumstance they could have been a slight more diligent with their communication.

[mrblast]

Does the small print say 30 days from the sale or 30 days from receipt of the invoice? If you are contractually bound to invoice them, it doesn't make any sense to state they will pay you within 30 days of the sale as it is irrelevant. The key aspect would be the date on which the invoice is received by them. And really, if you are obligated to invoice them, it is your responsibility to provide this, not their responsibility to chase it up.

If you are not contractually bound to invoice them then I would tell them to stick their invoice and pay you ASAP as per the contractual T&Cs.

[Zanda]

Perhaps it is my naivety or optimism that no formal contract had been written. Just what seemed to be friendly and honest email communications (of which they were very good at until I asked for payment). At no point initially was I told that I would have to write an invoice. They just said that 'our payment to you is made 30 days from sale. As soon as you have confirmed and are happy with this I will upload the prints to our website.'.

[Zanda]

So I don't think it's malicious intent, and we are talking about relatively small amounts of money. But I feel that because I'm of such low priority that I have in fact been neglected, is that the word? As I know how much effort goes into producing these artworks, I really feel it is also a matter of principle as much as anything else. Especially as I was so efficient in honoring my part of the deal.

[Deleted]

Mar 20, 2015 12:27:19 GMT 1 Zanda said:

So I don't think it's malicious intent, and we are talking about relatively small amounts of money. But I feel that because I'm of such low priority that I have in fact been neglected, is that the word? As I know how much effort goes into producing these artworks, I really feel it is also a matter of principle as much as anything else. Especially as I was so efficient in honoring my part of the deal.

Give them a phone, you'll have all your answers in 2 mins

[twist65]

I think it is being a bit naive to expect a business to pay you for something without having an invoice.
To issue your payment they need a paper-trail. Otherwise they could just take loads of money out of the company account and say "oh we had some artists to pay but we didn't get an invoice so you'll have to just believe its true." The tax man wouldn't like that very much.

They prob have an accounts person or department, who will receive your invoice, put it on their accounts system, and clear it for payment on the next cheque/payment run. Most businesses do a payment run once a month, unless its special circumstances, hence 30 days payment from receipt of invoice.

My advice would be to send your invoice, ring them and ask to speak to the person in accounts. Get their name and confirm that they have your invoice and just be honest - say you didn't realise you had to send an invoice and were expecting to be paid by now, so see if they'll do you a favour and hurry your payment through. Ring them every week until its sorted. Don't name and shame and get all angry about it though, as this is basically your fault.

[Art Fan 2011]

The amount of money is not important, they are a gallery that sell`s your work, and are lucky to do so! They should treat you the same as any other artist they deal with! If they say they will pay within 30 days then they should honour that with no excuses! 30 days seems far to long in this 24/7 world we live in nowadays.

Send them a final reminder and follow it up with a call requesting payment which is now well overdue, if you still get no joy hijack their social media, out them on here and hit them where it hurts - whilst starting legal proceedings against them!

[Zanda]

I would agree with some of what you said, and the moment I was asked for an invoice I promptly gave one to them. This was all done to their satisfaction. I've already said that I was perhaps being naive. Although I don't think it would of hurt them to mention that I need to write an invoice after they made a sale. They just seemed happy to have my artwork sent to them.

I also quite agree in that there is no need to be hot headed, I just said that can be in my nature so need to keep cool about it. Perhaps I should just let it go. I have not named and shamed and do not intend to, I came here for some advice. I think I will let the dust settle for now and phone them tomorrow. It's seems to be the right way forward. Thank you again for all the useful input.

[Jimmy Oscar]

You haven't picked up the phone and called them after all this time? Crazy.

Don't rely on email - easy to ignore, so much ends up in junk folders, seems low importance.

If it's important pick up the phone and speak to a human - you will get an answer that might take 10 back and forth emails.

Until you speak to a human you can't call anyone out if you're just relying on email.

[Zanda]

I think there is consensus that ringing them is the correct thing to do now, and perhaps I should have done it sooner. Just to repeat no one is calling anyone out so to speak, just looking for sound advice for which I think I have got.

[Deleted]

Late payment is not always a problem. It happens in business.

The problem is usually lack of communication or not being able to speak to someone by telephone about a late payment.

Often small businesses don't have things as easy as people think and better to come to an arrangement rather than getting them to committing to a day when they will pay.

[Grafter]

Cut out the middle man..... Don't rely on anyone else to shift your work for you and take complete control of the output.  I apologise for not being too aware of your work but with a quick google search I can see that you have a range of prints ranging from £60 to £150 listed on various gallery sites. Surely you would be better of shifting low edition runs on your own site, no? By doing this you would save the 50% (WHAT!) commission and you could either drop the price to make it more attractive/competative or lower the run number available making it more sought after.

Saying that, I have complete sympathy with you and have had my fingers burnt like this a few times myself. The beauty of this game is though that with a bit of time and effort you are able to offer the complete service yourself. Production, promotion, sales, packaging, despatch, and most importantly CUSTOMER SERVICE. Interact with the people buying work and be available and approachable at ALL times. 

One question I constantly ask myself is, "Who out there is physically able or willing to work harder at selling your work than you are yourself?". Think about that one and I think you'll have your answer.

[barryh]

This seems to be happening a lot recently. Selling the work yourself isn't always the answer either, if the galley is on the other side of the globe you probably wouldn't have made those links yourself. Hope you get it sorted.

[SW20]

Why post on here so much when you have a phone number? Seems pretty daft to be honest pick up the. Phone and call them.

Stop being concerned for them. Chase them up and tell them to pay what they owe you.

plus as Grafter said set up your own site. If you put as much effort into promoting your work as stress this has caused you. You would probably be better off on your own. So may be give that a go.

goid luck either way sorry if a bit critical.....but!!

[Stender]

One of the main resons for small businesses failing is cashflow and the bigger the company your dealing with the slower they appear to be. I have friends in the building trade who are always having to chase payments.
I would suggest as above giving them a call. If no joy from that ask on their facebook who you need to contact about not having been paid by them. That should concern them appearing on there putting off future business. If that doesn't work send some bailiffs round and get them to take a few banksy's for your trouble. They retailed at £450 and are second hand now so you might need a few :-)

[Philpenn]

Love my silver wood Eastern Promise of yours. Best of luck resolving all this.

[Zanda]

Tried phoning a few times. It rings but no answer. In response to SW20 I do have my own site, it's primitive but feel free to take a look

(p.s. much more important matters in the world so look away now rather than getting bored to tears)

so update: I phoned again and this time bingo she picked up the phone and was slightly surprised to hear it was me. She told me that the accounts dep. was not open right now (5:10) and that she'd give them a call tomorrow and make it priority. I'm a little surprised that they're not open during working hours yet are open on a Saturday. Still, I'm pleased to hear the voice. I asked when I will learn the outcome from the aforementioned accounts dep. (who seem to be a mysterious scape goat) and apparently she'll email tmw to let me know. Not much else I can do but wait, but to phone them was a good call.

[Chrisp]

Mar 20, 2015 16:38:27 GMT 1 SW20 said:

Why post on here so much when you have a phone number? Seems pretty daft to be honest pick up the. Phone and call them.

Stop being concerned for them. Chase them up and tell them to pay what they owe you.

plus as Grafter said set up your own site. If you put as much effort into promoting your work as stress this has caused you. You would probably be better off on your own. So may be give that a go.

goid luck either way sorry if a bit critical.....but!!

He’s simply asking for advice.
Invoice them with your payment terms on somewhere, for example 'payment 30 days from invoice date'. make it official as possible like business address, date, services supplied, your name, invoice number ect ect.
Then wait as you have only just invoiced them, when the time has passed send a 7 day reminder as payment time is up. Wait 7 days, file a CCJ online this usually wakes people straight up as no business wants a CCJ filed against them.
Good luck, lots of people wait for 30 days some 60 and a few 90+ even 18 months is not heard of but pretty unusual. Ask them their payments terms by phone is a good start if you can get nothing by mail.
When dealing with business asking questions like this at the start is always a good thing to iron out.