Terms of Service

Terms & Conditions for buyers and collectors

Introduction

Welcome to Art Marketplace Online trading as The Online Art Gallery (“we”, “us”, “our”). These Terms & Conditions govern your purchase of artwork through our website at www.theonlineartgallery.com.au (“Site”). By purchasing, you agree to these Terms.

Eligibility

• You must be at least 18 years old.
• You must provide accurate billing, shipping, and contact information.

Artwork Listings

• Artists list artworks with descriptions, prices, and images.
• All sales are subject to stock availability.
• We reserve the right to remove or amend listings due to errors or updates.
• Any works listed on The Online Art Gallery is offered with a 7-day money-back guarantee that commences on the date of delivery to your nominated address.

Making a Purchase

• Add artwork(s)/products to your cart, proceed to checkout, and pay via the secure payment system.

Shipping & Delivery

• The Artists will arrange shipping or in-person delivery within a reasonable time (normally within 3 days).
• Shipping and insurance are paid by the Artist.
• You are responsible for ensuring delivery details are correct, or a delivery fee may be incurred.

Customs & Duties

• Purchases outside Australia may be subject to additional shipping charges, customs duties, taxes, or fees, which are your responsibility.
• We recommend checking with your local customs office and emailing us prior to your purchase.

Returns & Refunds

• If your artwork is damaged during delivery, contact us within 7 days of receiving. Please provide photos, order details and original packaging.
• Returns for change of mind must be communicated within 7 days of receiving the artwork.
• In either case, we will talk you through return shipping and offer a full refund.

Cancelling Orders

• Orders can only be cancelled prior to the artist shipping.
• Contact us immediately to request a cancellation. If it’s already enroute, we require return shipping as soon as convenient.
• Contact us to talk you through the free returns process and shipping label.
• A Refund will be processed when the artist confirms the receipt of the returned artwork.

Artists’ Warranties

Artists guarantee that artworks:
• Are original and free from infringement.
• Are described accurately in the listing.
• Conform to the displayed images and description.

Intellectual Property

• Artists retain copyright of any and all sold artworks.
• You may not reproduce, distribute, display, or resell artwork images without permission from the artist.

Privacy & Data Protection

• We collect your personal data to process orders. Review our Privacy Policy.
• We do not sell your information and adhere to privacy regulations.

Liability

• We exclude liability to the fullest extent permitted by law.
• Our liability is limited to the price you paid for the artwork.

Dispute Resolution

• Contact us to resolve any issues.
• If unresolved after 28 days, you may escalate through Consumer Affairs or other relevant authority in your jurisdiction.

Changes to These Terms

• These Terms can be updated at any time and will be posted on the Site.
• Your continued use of the Site means you accept the revised Terms.

For questions, concerns, returns or complaints:

Customer Service Email: info@theonlineartgallery.com.au

Terms & Conditions for artists

Artist Eligibility

• You must be at least 18 years old.
• You must be the creator of the artwork(s)/products you list, or have full rights to sell them.
• You are responsible for ensuring your profile and contact details are accurate and up to date.

Artist Accounts & Profiles

• You must register for an account to list artworks.
• Your artist profile should include a biography, profile picture, and any other requested details.
• We reserve the right to edit or remove inappropriate content from profiles or listings.
• We reserve the right to remove any artists without warning that act inappropriately, provide false or misleading information or are deemed unfit to represent The Online Art Gallery brand.

Artwork Listings

• Only original works (artwork, sculptures, photography, ceramics, glass art, textile art, jewellery, mosaics, fashion accessories, mixed media, greeting cards, linocut prints or limited edition prints) may be listed unless you obtain written permission by Art Marketplace Online trading as The Online Art Gallery.
• You must provide accurate descriptions, dimensions, prices, and high-quality images of your artworks.
• Pricing must include postage and insurance costs borne by you, the artist.
• Pricing of your works is determined at your sole discretion.\ • Your bank account details must be submitted to continue listing your work on the site. Payment details are securely managed by our payment partner, Stripe. Failure to provide pay out details will render your listings as unable to be successfully purchased on this site.

Commission & Payments

• We charge a commission of 25% (plus GST) on the sale price of each artwork/product.
• The commission is deducted automatically from the total sale price.
• Payments for sold artworks (minus commission) are made to your nominated bank account within 15 business days of delivery receipt confirmation. This ensures the buyer/collector is afforded their 7-day money-back guarantee.

Shipping & Fulfilment

• You are responsible for packaging and shipping of sold artworks and products sold safely and promptly (within 3 business days of sale).
• Shipping and insurance costs are borne by you, the artist.
• You must provide tracking details to The Online Art Gallery (info@theonlineartgallery.com.au) and the purchaser once the item is shipped.
• In cases of damage during shipping, you agree that your insurance will cover the cost of the work(s) and you agree to cooperate with us to resolve the matter, which may include refunds or replacements.

Ownership & Intellectual Property

• You retain copyright of your artwork unless sold with full rights.
• By listing, you grant us a non-exclusive license to use images of your artwork, your artwork listing details and profile content for marketing, promotion, and display purposes.
• You may request we remove any promotional use of your work after delisting it from the Site.

Artist Warranties

By listing artworks, you warrant that:
• The artwork is your original creation and does not infringe any third-party rights.
• The artwork is available for sale and free from encumbrances.
• The description and images accurately represent the artwork.

Fees & Taxes

• You are responsible for reporting your income and paying any taxes (eg, GST, income tax) required by Australian law.
• We may request your ABN if applicable.

Account Suspension or Termination

We may suspend or terminate your account and all contents if:
• You breach these Terms.
• You engage in fraudulent or inappropriate activity.
• There are repeated complaints from buyers regarding your artworks or conduct.

Liability

• We are not liable for losses arising from your failure to package or ship artworks properly.
• We are not responsible for disputes between you and buyers, but will mediate where possible.
• To the extent permitted by law, our liability is limited to our commission share from any disputed sale.

Changes to Terms

We may update these Terms from time to time. Changes will be effective once posted on the Site. Your continued use of the Site indicates your acceptance of updated Terms.