Terms and Conditions
Art Selectors acts as a service, helping Artists to sell their artwork, and for individuals to purchase artwork. This site is operated by Art Selectors (ABN: 13470895112), who are based in Melbourne, Victoria.
Art Selectors reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions at any time, effective immediately upon publishing on the website (www.artselectors.com.au). If at any time these Terms and Conditions are no longer acceptable to you, you should immediately discontinue use of the Art Selectors website.
If you do not agree to accept and abide by these Terms and Conditions, you should not access or use the Art Selectors website.
TERMS & CONDITIONS OF USE
Service Region: Art Selectors Gallery ships within Australia only.
Age and Responsibility: You must be 18 years age to use the Art Selectors Gallery website and agree to create a binding legal obligation for any liability you may incur as a result of the use of the Art Selectors Gallery website.
All Artists and Customers agree to be responsible for their use of the Art Selectors website (as well the use of their username and password by others, including without limitation, minors living with them).
All Artists and Customers agree to supervise all usage by minors of the website under their name or account.
Artists Obligations: Upon a listing being sold, the Artist is then responsible for sending the artwork to the Purchaser. Art Selectors advise Purchasers that the artwork they purchase will be fulfilled within 2 working days.
The Artist is solely responsible for meeting this deadline and will receive warnings and possible account termination by Art Selectors if fulfilment deadlines are repeatedly missed. The Artists is responsible for the sale delivery of the Artwork to the Purchaser. This includes, but it not limited to, ensuring the Artwork is packaged carefully for sale transit. Art Selectors recommends the use of bubble wrap, thick cardboard, strong packing tape, writing the word “fragile” on the packaging, and so on.
The Artist is also responsible for the cost of shipping. Art Selectors recommend adding $50-$100 to the price of your Artwork to account for this cost. Artists must provide a tracking number to the Purchaser and also ensure the Artwork is insured for the value of the purchase. In an event of damage occurring during transit, Art Selectors will withhold funds being deposited to the Artist until the matter is resolved. It is the sole responsibility of the Artist to ensure that an insurance claim is made for the damaged Artwork. The payout from the insurance will be made directly to the Artist. The damaged Artwork will be required to be returned to the Artist by the Purchaser, which Art Selectors will pay for. Art Selectors will not insure the return of damaged items to the Artist. Art Selectors deem this process as fair to both Purchaser and Artist.
Any disputes or disagreements to the above policy will be considered by Art Selectors on a case by case basis, for example (but not limited to), if an agreement is made between the Purchaser and the Artist.
Art Selectors retain the right to make all final decisions, at any time, for any reason.
Unauthorised Links: The Art Selectors website must not be used for any illegal or unauthorised purpose.
Artists may not post advertisements or links to any other websites, including but not limited to social networking sites.
Acceptable Artwork: Art Selectors aims to promote original artworks only. We only allows digitised images, such as photographs. No other form of digital artwork is allowed to be sold on the Art Selectors Gallery website.
Original artworks may include watercolour, oil and acrylic paintings, some mixed media, drawings, use of ink, etc.
Sculptures, jewellery and other such items are not accepted.
Photographs of the artworks must be high-quality and contain enough detail to clearly see the subject. Photographs must also show additional extras, such as the frame the artwork is sold with. If an artwork is being sold without a frame, no frame should be displayed in the photograph.
Limited Edition Prints must be sold as individual listings and must be clearly titled so. For example, "Art Print - Edition 1 of 95".
Unacceptable Content: Artists must not list artwork which infringe, misappropriate or violate a third parties copyright, trademark or other intellectual property rights.
Art Selectors does not accept content that is obscene, pornographic, defamatory, homophobic, racist to any person or group of people. Artistic nudes are acceptable, at the sole discretion of Art Selectors Gallery.
The content posted on the Art Selectors must not contain viruses, trojan horses, worms, or any other programming that may interfere, disrupt or corrupt the working operation of the entire Art Selectors website, including all databases.
We do not allow artwork listings that invite commissions. All artwork listed by an Artist must physically exist. Listings that invite commissions will be removed permanently from Art Selectors and the Artist banned after 1 warning.
All content posted on the Art Selectors Gallery website is the sole responsibility of the Artist, Customer or User that posts such content. This includes any content that is unlawful, misrepresented or offensive.
Users of the site understand that exposure to inappropriate content may occur and browsing of the website is at the User's own risk.
Artists agree to not attempt to direct Users away from Art Selectors Gallery, or to make personal contact outside of Art Selectors.
Art Selectors withholds the right to remove any content posted at its absolute discretion.
Prices: All prices shown on the Art Selectors website are in Australian Dollars (AUD). The prices of artworks shown on the Art Selectors website are set at the discretion of the Artist.
Art Selectors Gallery advertise a "best price guarantee" policy. The Artist must agree to set all artwork prices on Art Selectors Gallery to be equal to, or lower than offered for sale elsewhere for the same artwork. This includes other websites (including portfolio websites), exhibitions and other online galleries.
Taxation Responsibility: Artists are responsible for their own taxes associated with the sale of their artwork. It is the Artist's sole responsibility to comply with Australian Tax laws when selling work on the Art Selectors Gallery website.
Art Selectors does not collect or pay taxes on the Artist's behalf.
Artists authorise Art Selectors Gallery to deduct their commission from the sale of the artwork before distributing the remainder to the Artist.
If you are registered for GST, you are legally required to include GST in the price you set when you list your artwork.
Art Selectors Gallery facilitate the issuing of all tax invoices to the customer, on the artist's behalf. A copy of the invoice will also be sent to the Artist. There is no need for the Artist to issue a tax invoice to the customer separately. The Artist agrees not to send customers any invoice.
Copyright: All content on the Art Selectors Gallery website is protected under copyright of either Art Selectors or the Artist. Content must not be downloaded or used without express written permission from Art Selectors Gallery or the Artist.
Refusal & Termination of Service: Art Selectors Gallery reserves the right to refuse service to any User of the website, Artist, Customer or otherwise, at any time, for any reason and at its discretion.
Art Selectors Gallery withholds the right to modify or terminate Customer or Artist accounts, at any time, at its discretion, and without prior notice.
Art Selectors Gallery reserves the right to terminate the service that we provide at any time, for any reason and without prior notice.
Warranties: Art Selectors Gallery does not offer or supply any warranties in relation to the content or the products on the Art Selectors Gallery website.
Disputes & Release: Art Selectors will not be held responsible for any claims arising from disputes between Users, Artists or Customers of the website.
Liability: Users of the website assume all responsibility and risk for use of the Art Selectors website.
Art Selectors accepts no responsibility for failure to comply with these Terms and Conditions of Use where such failure is due to circumstances beyond its reasonable control.
Including your work in promotions: At multiple points throughout the year, Art Selectors Gallery will run sales and promotions sitewide or for specific artworks. A discount may be offered by Art Selectors Gallery and used to purchase your artwork. Discounts of up to 20% off the price the Artist set may apply when certain promotional codes are used by Customers.
Discount are offered to generate more engagement with our buyers and increase Artist's exposure and boost sales of the artwork.
Discounts are also expected with trade buyers, such as interior designers and refurbishment specialists, encouraging them to work with Art Selectors Gallery and our Artists.
If a promotional discount code is redeemed, the discount will be deducted from the total price of the artwork, afterwhich the usual 80%/20% split will then be calculated. This means that both Artist and Art Selectors Gallery will share the discount.
Disclaimer: Art Selectors Gallery does not guarantee that the Art Selectors Galery service or the Art Selectors Gallery website, is free from viruses or other such malware. Art Selectors Gallery does not guarantee that access to the Art Selectors Gallery service will be uninterrupted.
Art Selectors Gallery does not guarantee that any data uploaded to the Art Selectors Gallery website will be protected against loss, misuse or alteration by third parties.
Art Selectors Gallery reserves the right to cancel and refund any sale made through the Art Selectors website, for any reason.
It is the responsibility of the User to ensure that they are not exposed to viruses, malware or other code of a destructive nature.
CONTACT & ACKNOWLEDGEMENT
Contact: If you have concerns relating to the Art Selectors website or these Terms and Conditions, please contact Art Selectors via any of the following means:
Email: [email protected]
Post: Art Selectors Gallery, Studio 5, 140a Chapel St, Windsor, Victoria 3181