Terms of Service
Art Collector acts as a service provider for artists looking to sell their artwork, and individuals interested in purchasing artwork, through an online art marketplace. This site is operated by Art Edited Pty Ltd, which has offices in Sydney and offers Australian art to an Australian audience of art lovers and collectors.
Before you use the Art Collector website you must read, agree with and accept all of these Terms and Conditions of Use, and Art Collector’s policies, including its Privacy and Security Policy and Shipping and Returns. These policies change from time to time, and they form part of these Terms and Conditions of Use.
Art Collector 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.artcollector.net.au). If at any time these Terms and Conditions of Use are no longer acceptable to you, you should immediately cease use of the Art Collector 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 Collector website.
These Terms and Conditions of Use are separated into three sections:
Terms & Conditions of Agreement
Contact & Acknowledgement
|Artist||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 Collector website.|
|Purchaser||Purchaser is defined as the person who has made a purchase on the Art Collector website through an online payment.|
|Member||Member is defined as any person who has created an account on the rt Collector website, whether they are an Artist or a Purchaser.|
|User||User is defined as any person, member or not, who browses or uses the Art Collector website for any purpose.|
|Content||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 Collector or a member of the website.|
|Artwork||Artwork is defined as any piece of work that is offered for sale on or sold via the website.|
|Copyright||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.|
TERMS & CONDITIONS OF USE
|Service Region:||Art Collector services and ships within the Australian community.|
|Age and Responsibility:||The user represents and warrants that they are of sufficient legal age to use the Art Collector website and to create binding legal obligations for any liability they may incur as a result of the use of the Art Collector website. The user agrees to be responsible for all of their use of the Art Collector 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 Collector website must not be used for any illegal or unauthorised purpose. The Art Collector 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 Collector.|
|Prices & Sales practice:||All prices shown on the Art Collector website are in Australian Dollars (AUD). Prices of artworks shown on the Art Collector website are set at the discretion of the Artist.|
|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 Collector will not collect or pay taxes on your behalf as Art Collector is merely acting as an agent in facilitating the sale of your product to the customers. You authorize Art Collector to deduct the base amount (which includes Art Collector’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 Collector 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 Collector if you are registered for GST, as such any payment price set by you will be inclusive of GST. Art Collector 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 Collector 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 Collector logo is a trademark of Art Collector. Use of the Art Collector logo is not authorised without express written permission from Art Collector.|
|Copyright:||All content on the Art Collector website is copyright of either Art Collector or the Artist. Content must not be downloaded or used without express written permission from Art Collector, 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 Collector reserves the right to refuse service to anyone at any time and at its absolute discretion. Art Collector reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.
Art Collector reserves the right to terminate the Art Collector service at any time and at its absolute discretion without prior notice.
Upon termination, any rights granted by the Artist to Art Collector under this agreement immediately reverts to the Artist.
|Warranties:||Art Collector offers an “as is” service Art Collector does not supply any warranties in relation to content represented on the Art Collector website.|
|Disputes & Release:||Art Collector 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.|
|Liability:||The user assumes all responsibility and risk for use of the Art Collector website including and without limitation any of the content or information contained therein. Art Collector 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.|
|Disclaimer:||Art Collector does not represent or guarantee that the Art Collector service or the Art Collector website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Art Collector does not represent or guarantee that access to the Art Collector service or these websites will be uninterrupted.
The user acknowledges that the Art Collector service or the Art Collector 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 Collector’s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
Art Collector does not warrant that any members’ uploads to this website will be protected against loss or misuse or alteration by third parties. Art Collector does not warrant that all uploaded content will be available on our website. If Art Collector 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 Collector reserves the right to cancel and refund any sale made through the Art Collector 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 Collector 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.
CONTACT & ACKNOWLEDGEMENT
|Contact:||If you have concerns relating to the Art Collector website or these Terms and Conditions of Use, please contact Art Collector via any of the following means:|