| 0

Terms of service

Our Service-

Art Lovers Australia provides a service where artists 18 years and over can sell their original artwork or signed, limited edition prints via an online gallery provided by Art Lovers Australia, to individuals interested in purchasing artwork. Art Lovers also provides a service for individuals, artists and teachers to promote workshops and tours that have a creative arts focus.

At present, Art Lovers Australia services only Australian states and territories, with a view to expanding to international territories in the future. All prices shown on the Art Lovers Australia website are in Australian Dollars ($AUD). Prices are fixed and not negotiable.

Art Lovers Australia is a company owned by the Ziggy Trust, and based in Elanora, Queensland, Australia.

Before joining the Art Lovers family you must first read, agree and accept all the Terms and Conditions of Use as written, including Art Lovers refund and returns policies, privacy and security policies, shipping policy and sales agreement. Art Lovers Australia reserves the right to modify or change these Terms and Conditions, policies and agreements at anytime, and these changes become effective once published on www.artloversaustralia.com.au.

If at any time you find that you do not accept, agree or abide by any of the Art Lovers Australia Terms and Conditions of Use, then you should cease using the Art Lovers Australia website immediately.

Should you have a question, a concern or a complaint of any kind, please email helpdesk@artloversaustralia.com.au on the Art Lovers Australia website. One of the Art Lovers team will reply within 48 hours of receiving your email.

Terms and Conditions of Use

Sales Agreement-

You must be 18 years or older to become a seller on the Art Lovers Australia website. By accepting these Terms you represent and warrant that you are at least 18 years of age.

In addition, you warrant that all information that you have provided to Art Lovers Australia is truthful, accurate and current.

Art Lovers Australia charges 25% commission on every artwork sold on www.artloversaustralia.com.au

When Art Lovers Australia runs promotional campaigns, occasionally a discount will be applied to listed artworks of 10 to 15%. Discounts are designed to generate more engagement with buyers, increase artist’s exposure and generate more sales. If a promotional, discount code is redeemed at the checkout, the discount will be deducted from the total price of the artwork and the usual 75/25% split will then be calculated. This means that both Art Lovers Australia and the artist and will share the discount.

Any artwork posted for sale by you must be original, of your own creation and you must hold sole, exclusive rights to that artwork, and any image represented in that artwork is not an unauthorised copy or reproduction of work by another artist or photographer.

Works can be sold framed or unframed, which needs to be stated clearly in the artwork’s description, or title.

The minimum price a work can be sold on Art Lovers Australia is $80.

**A minimum of 4 artworks must be uploaded and approved before an artist appears on the Art Lovers Australia website, and a minimum of 4 pieces must be displayed on the Art Lovers website at all times. If an artist has less than 4 pieces of work, then their work and shop will not be displayed on Art Lovers Australia.

All artworks presented for sale on Art Lovers Australia must be ‘one of a kind’ or limited edition original artworks with a maximum edition size of 100. All artworks must be signed by their creator. All impressions sold from a limited edition run must be assigned a number in correspondence with the order in which they were produced. The number of each impression must be clearly marked on the artwork itself.

The artist is not required to sell the complete edition size of limited edition prints on Art Lovers Australia, but at least 20% of the limited edition size must be sold on Art Lovers Australia and at the same price as it is listed elsewhere.

You agree and acknowledge that you are solely responsible for any artwork content you upload to the Art Lovers Australia website.

Art Lovers Australia reserves the right to reject and remove any artwork from the Art Lovers Australia website at any time with content that is reasonably thought to be:

  • obscene or pornographic, or
  • offensive, including imagery that is considered racist, homophobic, degrading to others, incites hatred or promotes discrimination, or
  • containing materials which infringe, misappropriate or violate a third parties patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

The Art Lovers Australia name and logo are trademarked, and written permission must be given for use of either the Art Lovers Australia name or logo.

It is your responsibility to make sure that all work submitted to the site is a true representation of the work for sale and the description attached to the listing, accurate, truthful and sizing exact.

Where inaccurate, misleading or a misrepresentation of quality, materials used, imagery or sizing are found to have been posted on a listing, then the artist’s listing can be terminated unless rectified immediately. Where an artist’s work has been sold and shipped, and the work has been found to have been inaccurate or misrepresented by the artist to the purchaser, then the work will be returned to the artist with shipping paid for solely by the artist, and a full refund given to the purchaser.

It is your sole responsibility to comply with Australian Tax Laws when selling work on the Art Lovers Australia website.

Prices stated in each of your artworks listings must be of a reasonable value, and reflect the value of the similar artwork when offered for sale via other avenues if sold directly or as consignment.

Shipping and shipping insurance costs should be included in the selling price of artwork posted for sale.

How will I know when my art has sold?

When an order has been placed for your artwork, you will receive an email to your nominated email address confirming the intent to purchase.

When the purchaser has made full payment, you will receive another email confirming that payment and the artwork will appear with a “SOLD” tag on the Art Lovers Australia website. This same email will provide you with the delivery timeframe for your sale. Art Lovers Australia guarantees a 10 working day delivery timeframe from final payment, to the art being delivered to the customer. Longer if the seller or buyer should be located in a remote location.

When will I get paid for my art?

Transfer of funds, minus the Art Lovers Australia sales commission of 25%, to your nominated bank account will occur once payment has been finalised, the artwork is delivered and the 7 day customer returns time period has passed.

Shipping Guidelines-

Shipping and shipping insurance fees for work sold on the Art Lovers Australia website is included as part of the artworks selling price. So it is the artist’s responsibility to include an amount that they believe is a reasonable amount for shipping. Art Lovers Australia does not add shipping at the shopping cart.

When packing artwork for delivery we suggest you follow the Art Lovers Australia packaging tips located on this website, and complete that packing to comply with the delivery time frame agreed.

If artwork is not packed in a timely manner for delivery, any extra costs will be at the artist’s expense.

Failure to pack artwork securely and satisfactorily may result in art being damaged in transit. If damage is to occur as a result of unsecure and unsatisfactory packaging, customer return and refund costs will be solely at the selling artist’s expense.

Refunds and Returns-

Art Lovers Australia offers customers a 7 day return period from the time of the purchaser receiving delivery of the artwork should they change their mind once they see the artwork in person. The purchaser must email Art Lovers Australia their request to return the art with a reason stating why they wish to return the work. The request will then be reviewed and is subject to approval by Art Lovers Australia before a return is processed.

If the customer’s return is approved, the artwork must be repackaged as it was when delivered to them, and Art Lovers Australia will arrange for the work to be picked up and returned to the artist. The cost of return shipping will be covered by the purchaser and subtracted from the amount refunded once the art has been delivered back to the artist.

If the art is returned in any condition less than when it was sent originally, the purchaser will have any additional costs subtracted from their refund.

Returns are not available for items damaged in shipment. These will be covered as part of the insurance attached to the delivery and the purchaser will be covered for any damaged art bought from the Art Lovers Australia’s website.

Liability-

Art Lovers Australia is a venue and provides an online marketplace and gallery only.

The user assumes full responsibility and risk for using the Art Lovers Australia website including and without limitation any of the content or information contained therein. Art Lovers Australia accepts no responsibility for failure to comply with the site’s Terms and Conditions of Use where such failure is due to circumstances beyond its reasonable control.

Privacy and Security-

By becoming a member of the Art Lovers Australia community, by registering to sell your work and upload your images onto the Art Lovers Australia website, you are allowing Art Lovers Australia to use your name and images, royalty free and without pay, to promote you, your work and Art Lovers Australia.

Your personal information and uploaded images will not be sold for use by Art Lovers Australia to any other organisation or website.

All content on the Art Lovers Australia website is protected under copyright of either Art Lovers Australia or the artist. Any content cannot be downloaded or used without written permission from Art Lovers Australia or the artist who created the work.

General-

  • The user accepts that in by using Art Lovers Australia’s website and service, that no guarantee can be given where uploads to this website will be protected against loss, or misuse, or alterations by third parties.
  • Art Lovers Australia also does not guarantee that this website is free from errors or viruses, and states that it is the user’s responsibility to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive manner.
  • The user also acknowledges that Art Lovers Australia’s service and website may be affected by faults, outages and delays. Such faults, outages and delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of Art Lovers Australia’s or another person’s software, equipment or systems, traffic or technical difficulties with the internet, or infrastructure failures. Art Lovers Australia makes no guarantee that access to Art Lovers Australia’s website or services will be uninterrupted.
  • Art Lovers Australia is not obliged to be involved in any claims that may arise from disputes between members and users of the Art Lovers Australia website. This includes disputes that may arise between artists and purchasers, purchasers and purchasers, as well as artists and artists.
  • Art Lovers Australia does not accept any responsibility for any loss or damage, however caused (including through negligence) that the users of Art Lovers Australia’s services may directly or indirectly suffer in connection with use of this website or any linked website. Nor does Art Lovers Australia accept any responsibility for any such loss arising out of a user’s use of or reliance on information contained on or accessed through this website.

Published September 9th, 2017