ART DIRECTORY AUSTRALIA
STANDARD TERMS AND CONDITIONS
Our Service
Art Directory Australia provides an online platform for Artists and makers looking to sell their work. All prices shown are in $AUD. Prices are fixed and are non-negotiable.
You must read and accept all the Terms and Conditions of use.
Art Directory Australia reserves the right to modify or change the terms and conditions at any time. If at any time you do not accept, agree or abide by any of Art Directory Australia’s Terms and Conditions, you should cease using the website immediately.
If you have any questions about our Terms and Conditions, please email admin@artdirectoryaustralia.com.au.
Definitions
Artists
Means the person who created the original artwork, has the right to sell the artwork, and is selling the artwork via Art Directory Australia.
Artwork
Means any piece of original work that is offered for sale on or sold via the Art Directory Australia website.
Content
Means any data, text, images, usernames, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by Art Directory Australia or a user.
Customer
Means any person who purchases Artworks on the Art Directory Australia website.
Damage/Loss
Means, but is not limited to, any Loss, Expense, Cost (including Legal Costs on a full indemnity basis), reduction in value, charge, penalty or any other financial obligation of any character (including any excess payable under any relevant insurance policy) incurred by Us arising from, whether directly or indirectly, or in connection with any loss or damage Products any claim, action, suit, proceeding or demand of any third party made in respect Products for the loss of, or loss of the use or enjoyment of, or damage to, any other vehicle, person or property caused by the Products, arising from, whether directly or indirectly, or in connection with the use of the products by any person, and the loss or damage to, or otherwise in respect of any property, which We are otherwise held to be responsible or liable, whether whole or in part.
Listing
Means the page and its contents on which an artwork is offered for sale by an artist on the Platform.
Order
Means any Products which are ordered by You and included in any Quote or Amended Quote.
Original
Means 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 Directory Australia 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.
Products
Means Artwork or any other items sold on the Art Directory Australia website.
Purchaser
Means the person who has made a purchase on the Art Directory Australia website through an online payment.
Quote
Means confirmation of Our fees on account of providing the Services to You in satisfaction of an Order, in line with these Terms and Conditions.
Services
Means the provision of one (1) or more Services by Us to You in satisfaction of an Order in accordance with the terms of this document.
User
Means any person who browses or uses the Art Directory Australia website for any purpose.
We/Us/Our
Means Art Directory Australia
You/Your
Means the legal person, firm, organisation, partnership, corporation, trust or other entity named on an invoice, order or quotation. The reference to You/Your also includes any of Your employees, agents or contractors.
Terms & Conditions of Use
Service Region
Art Directory Australia services and ships within the Australian community and other regions.
Website
Art Directory Australia reserves the right to withdraw the services at any time and without prior notice.
Age and Responsibility
You must be at least 18 years old to use the Art Directory Australia website. The user/artists represents and warrants that they are of sufficient legal age to use the Art Directory Australia website and to create binding legal obligations for any liability they may incur as a result of the use of the Art Directory Australia website. The user/artists agrees to be responsible for all of their use of the Art Directory Australia website. The user/artists agrees to supervise all usage by minors of the website under their name or account.
Unauthorized Use
The Art Directory Australia website must not be used for any illegal or unauthorized purpose. The Art Directory Australia 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 Directory Australia.
Acceptable Content
Art Directory Australia 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.
Art Directory Australia is not accepting AI generated artwork.
Artists wanting to list photography, sculpture or digital art must apply for approval.
All artist approvals are at the discretion of Art Directory Australia.
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.
Unacceptable Conent
Users posting content on Art Directory Australia’s 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 Directory Australia 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 Directory Australia.
The content posted on the Art Directory Australia 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 Directory Australia website, including all databases.
Art Directory Australia encourages all users to the site to report any inappropriate content via the Contact Us page.
Art Directory Australia has the right but has no obligation, to remove any content posted at its absolute discretion. Art Directory Australia 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 Directory Australia.
Any unlawful, misrepresented or offensive content posted on the website is the sole responsibility of the user 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 Directory Australia marketplace and not attempt to direct traffic away from Art Directory Australia to make personal contact or sales outside of Art Directory Australia. 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 Directory Australia 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.
Artists
Artists agree to pay a fee to list their work in the online store and directory.
Any artwork by the Artist must be original and you must own the rights to your artwork.
Art Directory Australia is not legally responsible for any artworks listed on the website by an artist. Any legal action outside with customers or artists in regards to copyright is to be pursued directly with the artist.
Art Directory Australia is not obliged to be involved in any disputed that may arise between artists, customers as well as artists and artists.
Art Directory Australia is not legally responsible for artworks/prints damaged in transit. The customer needs to resolve any issues with the Artist directly. All Artists must organise shipping and have their own insurance.
Art Directory Australia is not responsible for damaged works in transit. These will be covered as part of the Artists insurance attached to the delivery.
Directory listing
This directory is intended as an information service only. The listings and information contained in the website are intended for general use. No warranty is provided that the information is accurate or correct.
This website may contain links to other websites (linked sites), which are not operated by Art Directory Australia. Art Directory Australia accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.
Art Directory Australia contains listings and advertising from other providers and services. The user must exercise all necessary caution and investigate fully for themselves any product or service listed or advertised.
The listings and information contained in the website are intended for general use. No warranty is provided that the information is accurate or correct.
Art Directory Australia assumes no responsibility, whether implied by law or otherwise, for the information provided and disclaims all liability with respect to such information. Art Directory Australia is not liable for any injury loss or damage that might arise through use of this website and Instagram page.
The existence of listings and any advertising on this website and Instagram page does not constitute a guarantee or endorsement of the quality, value or suitability of the products, or services so listed or advertised.
Our service may contain links to third-party web sites or services that are not owned or controlled by Art Directory Australia.
Liability
The user assumes all responsibility and risk for use of the Art Directory Australia website including and without limitation any of the content or information contained therein. Art Directory Australia 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.
Advertising
If an Artist has their artwork advertised on a third-party website not associated with Art Directory Australia, the Artist is responsible for removing their artwork from the Art Directory Australia website. If the Artist does not remove their artwork from the Art Directory website and the artwork is sold by Art Directory Australia, the Artist is liable to pay Art Directory Australia for any costs and/or commission as per these terms and conditions even if the artwork has already been sold by the third-party website.
Printing Art Products
We may collaborate with third-party printers from time to time to ensure efficient fulfillment and delivery of our art products. We are not responsible for any errors in print, colours, or other printing-related issues as these are managed by the third-party printers we work with.
Online Shop Orders
While every effort is made to ensure accuracy of colour of Artists works, we cannot control local device setting on purchaser screens, mobile phone and other devices when purchasing Artwork.
The customer must follow all the instructions and provide all information required by the online form.
Art Directory Australia will send you an email confirming order and receipt of payment to the address you provided (customer).
Prices are in AUD. Prices are subject to change without notice, however you will only pay the price that is advertised for the item at the time you place your order.
Product information is subject to change without notice.
Items advertised as 'on-sale' are only available at the reduced price during the sale period.
Refunds
Refunds are only provided for faulty items, and Art Directory Australia generally does not offer refunds, credits, or exchanges for change of mind. To request an exchange, you must email your request to admin@artdirectoryaustralia.com.au.
Returns are not accepted for items damaged during shipment, as they are covered by the artist's arranged shipping insurance. The artwork should be repackaged in its original condition, and the artist will arrange for its pickup and return using the same shipping method. The cost of return shipping will be deducted from the refund amount upon receipt of the artwork.
Art Directory Australia is not liable for any missing products and is unable to refund items lost in the post.
Postage
Orders will be typically dispatched within 1-5 working days of purchase. However, some orders may be delayed due to unexpected demand or restocking issues.
While Art Directory Australia will make reasonable efforts to ensure uninterrupted online services, it does not accept responsibility for any inconvenience or consequences that may arise, including the loss of an order.
At time, we may work with third party suppliers to sell your artworks and Art Directory Australia is not responsible for shipping delays and damaged artworks in transit.
Security
When you purchase an item from the Online Shop your credit card details are only processed by the Art Directory Australia’s provider PayPal and the Art Directory Australia does not record or store this information.
Art Directory Australia does not and cannot take responsibility for the security of information during transit over the Internet.
Privacy policy
Art Directory Australia will at all times comply with the requirements imposed by the Privacy Act 1988.
Intellectual property and content
All logos, icons, brand names or service names that identifying the owner and operator of Art Directory Australia are our copyright property or our trade marks or service marks.
Networking Events/Workshops hosted by Art Directory Australia
All logos, icons, brand names or service names that identifying the owner and operator of Art Directory Australia are our copyright property or our trade marks or service marks. By participating in the workshops/network events hosted by Art Directory Australia, you acknowledge and agree to the following terms and conditions:
Applications
Your application must be completed accurately, and Art Directory Australia reserves the right to accept or reject it.
Taxation Responsibility
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 Directory Australia will not collect or pay taxes on your behalf as Art Directory Australia is merely acting as an agent in facilitating the sale of your product to the customers. You authorize Art Directory Australia to deduct the base amount (which includes Art Directory Australia’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 Directory Australia 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 Directory Australia if you are registered for GST, as such any payment price set by you will be inclusive of GST. Art Directory Australia 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 Directory Australia 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.
Trademark
The Art Directory Australia logo is a trademark of Art Directory Australia. Use of the Art Directory Australia logo is not authorized without express written permission from Art Directory Australia.
Refusal & Termination of Service
Art Directory Australia reserves the right to refuse service to anyone at any time and at its absolute discretion. Art Directory Australia reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.
Art Directory Australia reserves the right to terminate the Art Directory Australia service at any time and at its absolute discretion without prior notice.
Upon termination, any rights granted by the Artist to Art Directory Australia under this agreement immediately reverts to the Artist.
Disclaimer
Art Directory Australia does not represent or guarantee that the Art Directory Australia service or the Art Directory Australia website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Art Directory Australia does not represent or guarantee that access to the Art Directory Australia service or these websites will be uninterrupted.
The user acknowledges that the Art Directory Australia service or the Art Directory Australia 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 Directory Australia’s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
Art Directory Australia does not warrant that any members’ uploads to this website will be protected against loss or misuse or alteration by third parties. Art Directory Australia does not warrant that all uploaded content will be available on our website. If Art Directory Australia 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 Directory Australia reserves the right to cancel and refund any sale made through the Art Directory Australia 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 Directory Australia 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:
the supply of equivalent goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
if the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.