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Terms of service

Our Service-

Art Lovers Australia provides a service where artists over 18 years of age and are Australian residents, 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.

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 help@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

Artist’s 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.

Any potential artwork sale that originates via Art Lovers Australia’s website, advertising, social media or promotions should be directed through the Art Lovers Australia website for processing of the sale. Art Lovers invests heavily in advertising, promotion and search engine optimisation, so any artist found to have directed a customer and sale that originated through Art Lovers Australia channels to their own or a competitors website, or physical space, can be removed without notice from the Art Lovers Australia website.

Artwork commissions and murals: An introduction created through Art Lovers Australia and the commissioner (client) will be subject to a commission fee. Any artist found to be knowingly taking advantage by securing a commission, or mural, and payment, that has originated through an introduction created by Art Lovers Australia for their sole benefit may result in that artist being removed without notice from the Art Lovers Australia website.

Art Lovers Australia charges 30%+GST (Total=33%) 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 18%. 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 67/30% (3%GST) 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.

Use of Artwork Images –

Artist’s retain the moral rights of all images they have personally uploaded to the Art Lovers Australia website.

In line with this Art Lovers Australia promises to credit artist’s names alongside the title of the relevant artworks or images.

Art Lovers Australia will not knowingly use images of artworks in a manner that damages their meaning and/or hurts the reputation of the artist.

By uploading images to the Art Lovers Australia website please be advised that you are agreeing to the use of those uploaded images for promotional purposes on site, in subscription emails and in advertising via Google, Instagram and Facebook.

Indigenous Cutural and Intellectual Property (ICIP) –

Artists who create artwork that incorporates, is sourced from or refers to, Indigenous objects, knowledge or works, should consider ICIP. The term “ICIP” refers to Indigenous peoples’ interests in their cultural heritage, which includes songs, music, dances, stories, ceremonies, symbols, languages and designs. ICIP is a communal rather than an individual interest. Any artist who uses ICIP in artwork may have duties and obligations to his or her community or tribal group in respect of that ICIP and the way it is used.

Permission should be obtained from the traditional owners of the Indigenous heritage before using Indigenous objects, knowledge or works. The traditional owners should be consulted on how the community should be attributed, and given the opportunity to approve the way in which the material is used.

The minimum price a work can be sold on Art Lovers Australia is $100.

**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.

Artists must upload work to be sold on the Art Lovers Australia website within one month of being approved. Failure to do so will result in them being removed from the Art Lovers system, requiring them to go through the application process again, from the beginning, should they wish to sell on the Art Lovers Australia website.

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.

**Artists are forbidden from placing business logos, external links, social media and website addresses on the Art Lovers Australia website in product pages and artist’s profiles that lead customers offsite for sales purposes. If found, that artist and/or artworks can be removed from the Art Lovers Australia website without warning.

The promotion of competitors and their websites is forbidden from appearing on the Art Lovers Australia website and packaging when sending work to customers that has been purchased through Art Lovers Australia. Artists and their work can be removed without warning from the Art Lovers website if found to be doing this.

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:

  • not of an appropriate standard or quality, as Art Lovers Australia is a curated website
  • 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, as artists are responsible for shipping and insurance costs.

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 purchase and containing the buyers delivery address. This means that the payment has cleared and you are okay to organise your courier and send the artwork. The artwork will automatically appear with a “SOLD” tag on the Art Lovers Australia website.

Art Lovers Australia guarantees a 10 working day delivery timeframe from payment by the buyer, 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 30% + GST (total = 33%), 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.

Artist payments are processed to the artists on Monday, Wednesday and Fridays.

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. Artists are responsible for shipping and insurance costs.

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.

Here is a link about shipping from our website to remind people of how the Art Lovers payment process works.

https://artloversaustralia.com.au/shipping-your-artwork/

Here also is a link with packing tutorials, just in case anyone is unsure about any aspect of packing art,

https://www.youtube.com/results?search_query=how+to+pack+art+for+shipping

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.

All artworks must be be signed for when delivered, unless requested otherwise by the customer for the artwork to left somewhere safe.

Customer’s Responsibility-

Customer’s who purchase artworks on the Art Lovers Australia website must provide a delivery location that is reasonable and easy to access for couriers and delivery of artwork(s). Failure to do so may incur delivery charges if artworks need to re-delivered due to inability and difficulty to deliver the artworks originally.

If an artwork(s) can not be delivered and is taken to a collection point, artworks must be collected from that collection point within a month of the customer being given notice it is there to collect. Failure to collect artworks within that month may result in the artwork being returned to the artist at the buyer’s expense. Only when the artwork has been returned to the artist in 100% condition will the buyer receive a refund. If work is found to be damaged upon return, suitable compensation to the artist will be subtracted from the buyer’s refund amount.

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 (unless otherwise authorised by Art Lovers Australia) 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.

Last Updated & Published August, 2020

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