TERMS & CONDITIONS
Art Marketshop acts as a service provider for artists looking to sell their artwork, and individuals interested in purchasing artwork, through an online art Marketshop. This site is operated by Art Marketshop Pty Ltd, offers Australian art to a global audience of art lovers and collectors.
Before you use the Art Marketshop website you must read, agree with and accept all of these Terms and Conditions of Use, and Art Marketshop’s policies, including its Privacy and Security Policy, Shipping Policy, Art Consignment and Sale Agreement and Refunds and Returns Policy. These policies change from time to time, and they form part of these Terms and Conditions of Use.
Art Marketshop reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions of Use at any time, effective immediately upon publishing on the website www.artmarketshop.com. If at any time these Terms and Conditions of Use are no longer acceptable to you, you should immediately cease use of the Art Marketshop website.
If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use the Art Marketshop website.
These Terms and Conditions of Use are separated into three sections:
Terms & Conditions of Agreement
Contact & Acknowledgement
Artist is defined as the person who created the original artwork, has the right to sell the artwork, and is selling the artwork via the Art Marketshop website.
Purchaser is defined as the person who has made a purchase on the Art Marketshop website through an online payment.
Member is defined as any person who has created an account on the Art Marketshop website, whether they are an Artist or a Purchaser.
User is defined as any person, member or not, who browses or uses the Art Marketshop website for any purpose.
Content is defined as data, text, images, usernames, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by Art Marketshop or a member of the website.
Artwork is defined as any piece of original work that is offered for sale on or sold via the website.
Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer to the information sheets on Artists & Copyright, Infringement, or the Copyright Act 1968.
Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies and reproductions are not considered original for the purposes of these terms and conditions. Prints (photography and electronically altered works must be approved by Art Marketshop before listing) must be limited editions, numbered and signed by the artist. Copyright must belong to the creator of an artwork in order for it to be considered original.
TERMS & CONDITIONS OF USE
Art Marketshop services and ships within the Australian community and globally, including (but not limited to) the USA, UK, Europe and Asia.
Age and Responsibility:
The user represents and warrants that they are of sufficient legal age to use the Art Marketshop website and to create binding legal obligations for any liability they may incur as a result of the use of the Art Marketshop website. The user agrees to be responsible for all of their use of the Art Marketshop website (as well as for use of their username and password(s) by others, including without limitation, minors living with them). The user agrees to supervise all usage by minors of the website under their name or account.
Unauthorised Use: The Art Marketshop website must not be used for any illegal or unauthorised purpose. The Art Marketshop website must not be hacked and/or any adaptations made to any aspect of the website. Posting of advertisements or links to any other websites, including but not limited to social networking sites, is not allowed without express written permission from Art Marketshop.
Art Marketshop aims to promote hand-made, original artworks and only allows digitised or electronically produced or enhanced mediums, such as photographs or other works created and/or modified by a computer, on a discretionary basis.
Artworks may include drawings, watercolours, paintings, mixed media, ink works, etc.
Sculptures, textiles, craft, jewellery, glassworks and electronically produced works are generally not accepted but may be at the discretion of Art Marketshop. Contact us if your art falls in the latter categories.
Photography is not permitted on Art Marketshop, with the exception of photography artists who have obtained approval from Art Marketshop. Their approved artworks will be shown on https://Art Marketshop .com.au/photography.
Fine art photographers may apply here for approval.
If artworks are framed, they must be packaged extremely carefully and labelled as fragile. Artworks must be photographed as framed if they are framed, or unframed if they are not.
Artworks must be unique or sold as one in a series of limited edition artworks and clearly titled so (eg: “My Artwork ed. 2 of 10”).
Unacceptable Content: Users posting content on the Art Marketshop site must not infringe any copyright and/or intellectual property rights of any person, entity, organization, trademark or other. Users must not misrepresent content, including artwork for sale, in the picturing and description of that content.
Art Marketshop does not accept content that is obscene in any way, pornographic, indecent, inflammatory, defamatory or racist to any person or group of people. Artistic nudes are accepted at the discretion of Art Marketshop.
The content posted on the Art marketshop website must not be fraudulent or illegal in any manner nor contain viruses, Trojan horses, worms, or any other programming that may interfere, disrupt or corrupt the smooth operations of the entire Art marketshop website, including all databases.
Art marketshop encourages all users to the site to report any inappropriate content through the “Report this Content” link provided beside each artwork, or via the Contact Us page. Art marketshop will not manually screen all postings and therefore welcomes the assistance from the Art marketshop community where possible.
Art marketshop has the right but has no obligation, to remove any content posted at its absolute discretion. Art marketshop does not condone the posting of inappropriate content and makes a concerted effort to remove such content as soon as possible.
All live artwork listings, that are available to be purchased must be available for sale and physically exist. Listings that are “Commission Me” or “Commission Something Similar” will be removed permanently from Art marketshop.
Any unlawful, misrepresented or offensive content posted on the website is the sole responsibility of the user/member that posts such content.
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 respect Art marketshop and not attempt to direct traffic away from Art marketshop to make personal contact or sales outside of Art marketshop. This includes not posting information in artist profiles or artwork descriptions which include:
Personal websites and/or email addresses
Personal social media accounts on platforms such as Facebook, Instagram, Twitter, Pinterest, Tumblr etc
Mentioning gallery representation and/or other establishments where works can be purchased.
Comments intended to encourage direct contact outside of Art marketshop such as “visit my Facebook account or personal website to see more of my artwork”.
Watermarks on profile images, cover images or artwork images that are not in the bottom left or right corner of the artwork image and contain more information than the copyright symbol and the artist’s first and last name.
Where a buyer enquiry has been made through Art marketshop, the Artist agrees to complete the transaction with that User through Art marketshop.
Artists that have no available works for sale on Art marketshop will have their account put on a temporary hold. It is the artist’s responsibility to get in contact with Art marketshop when they are ready to upload more work available for sale.
Prices & Sales practice:
All prices shown on the Art marketshop website are in Australian Dollars (AUD) or US Dollars (USD). Prices of artworks shown on the Art marketshop website are set at the discretion of the Artist.
All artwork prices displayed on Art marketshop must be equal to, or lower than artwork offered for sale elsewhere. This means Artists explicitly agree to not price artwork listed on Art marketshop at a lower price on personal websites, exhibitions, other online galleries & marketshops.
By using Art marketshop, Artists are required to complete all sales on Art marketshop which come from a Art marketshop lead. This includes studio visits as organised by Art marketshop, artist to collector introductions, Art marketshop initiated exhibitions and leads to an Artist directly eg: via social media where buyers are known to have discovered the artist via Art marketshop. Best practice for artists who receive direct enquiries is to ask where the potential buyer discovered their artwork. In cases where the buyer advises Art marketshop then the artist should direct the buyer to complete the transaction on Art marketshop.
Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the art. This may include GST and other transactional taxes.
Art marketshop will not collect or pay taxes on your behalf as Art marketshop is merely acting as an agent in facilitating the sale of your product to the customers. You authorize Art marketshop to deduct the base amount (which includes Art marketshop’s margin for facilitation services, including tax where applicable) from the sales proceeds for your artwork before distributing your margin (which will include tax where applicable). The amounts distributed to you will be deemed to be inclusive of any taxes, if applicable. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your art together with any potential interest or penalties that any tax authority may levy as a result of non-compliance.
If you have an Australian Business Number (ABN) you may submit your ABN to the website where requested. If you do not have an ABN, or if you elect not to submit your ABN to the website, you will be required to provide more information about the circumstances under which you are offering your art for sale on the website, including whether any of the Australian Taxation Office (ATO) exemptions apply to you. If this is not provided you permit Art marketshop in its capacity as agent to withhold the highest rate of tax (currently 47%) from any payments due to you.
You are required to notify Art marketshop if you are registered for GST, as such any payment price set by you will be inclusive of GST. Art marketshop will issue a tax invoice on your behalf and will ensure any copies of the invoices will also be sent to the artist. By using the Art marketshop platform to sell art you agree that you will not issue an invoice to the member separately.
For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
The Art marketshop logo is a trademark of Art marketshop. Use of the Art marketshop logo is not authorised without express written permission from Art marketshop.
All content on the Art marketshop website is copyright of either Art marketshop or the Artist. Content must not be downloaded or used without express written permission from Art marketshop, or the Artist where the content is their own work.
The Artist retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser. If the Purchaser wishes to reproduce the Work, this must be separately negotiated with the Artist.
Refusal & Termination of Service:
Art marketshop reserves the right to refuse service to anyone at any time and at its absolute discretion. Art marketshop reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.
Art marketshop reserves the right to terminate the Art marketshop service at any time and at its absolute discretion without prior notice.
Upon termination, any rights granted by the Artist to Art marketshop under this agreement immediately revert to the Artist.
Art marketshop offers an “as is” service. Art marketshop does not supply any warranties in relation to content represented on the Art marketshop website.
Disputes & Release:
Art marketshop is released from any claims arising from disputes between users and members of the website, including disputes between Artists and Purchasers, between Artists and Artists, and between Purchasers and Purchasers.
The user assumes all responsibility and risk for use of the Art marketshop website including and without limitation any of the content or information contained therein. Art marketshop accepts no liability for any 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:
From time to time Art marketshop may run sales and promotions sitewide or to specific collectors. If your art is sold during this promotion a discount is applied by Art marketshop to your listed artwork of 10 to 15%. The discount is designed to run special campaigns that will generate even more engagement with our buyers and increase your exposure. The discount also allows greater integration with industry buyers such as interior designers, encouraging them to work with Art marketshop and artists. If a promotional discount code is redeemed, the discount will be deducted from the total price of the artwork and the usual 67/33 split will then be calculated. This means that you as the artist and Art marketshop will share the discount.
By accepting Art marketshop’s Ts & Cs, you agree to and accept the possibility of purchasers using ArtMoney, an interest-free loan for purchasing artwork and sharing ArtMoney’s 10% commission fee with Art marketshop.
How it works:
Zip and Afterpay
By accepting Art marketshop’s Ts & Cs, you agree to and accept the possibility of purchasers using Afterpay or Zip, an interest-free ‘buy now, pay later’ payment plan for purchasing artwork and sharing their commission fee with Art marketshop.
How it works:
Art marketshop Layby
By accepting Art marketshop’s Ts & Cs, you agree to the possibility of purchasers using Art marketshop layby payment plan for purchasing artwork.
How it works:
Communication with Artists
When communicating with an artist directly via Art marketshop, you, the collector, agree to be respectful and fair to the artist. If any participant is found to be abusive, Art marketshop reserves the right to intervene and discontinue the accounts of participants involved.
Art marketshop does not represent or guarantee that the Art marketshop service or the Art marketshop website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Art marketshop does not represent or guarantee that access to the Art marketshop service or these websites will be uninterrupted.
The user acknowledges that the Art marketshop service or the Art marketshop website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of Art marketshop’s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
Art marketshop does not warrant that any members’ uploads to this website will be protected against loss or misuse or alteration by third parties. Art marketshop does not warrant that all uploaded content will be available on our website. If Art marketshop elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain time frame. Art marketshop reserves the right to cancel and refund any sale made through the Art marketshop website.
It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.
Art marketshop does not accept responsibility for any loss or damage, however, caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it 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.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
if the breach relates to goods:
if the breach relates to services:
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
CONTACT & ACKNOWLEDGEMENT
If you have concerns relating to the Art marketshop website or these Terms and Conditions of Use, please contact Art marketshop via any of the following means:
Phone: 1800 122 486 (Australian phone numbers only)
Post: 52 Cambridge Street
Collingwood, Vic 3066
INVITE YOUR FRIENDS “CREDIT”
|No. friends that buy||Total credit you'll receive||Individual referral value|