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Terms & Conditions Of Use

OUR SERVICE

Terms and conditions. Australian United Artists acts as a service provider for artists looking to sell their artwork, and individuals interested in purchasing artwork, through an online gallery. At this point in time, Australian United Artists only services the Australian community. This site is operated by Australian United Artists, whose operations are based in the state of West Australia, Australia.

INTRODUCTION

Before you use the Australian United Artists website you must read, agree with and accept all of these Terms and Conditions of Use, and Australian Australian United Artists 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.

Australian United Artists 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.Australian United Artists.com.au). If at any time these Terms and Conditions of Use are no longer acceptable to you, you should immediately cease use of the Australian United Artists website.

If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use the Australian United Artists website.

DEFINITIONS

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 Australian United Artists website.

Purchaser.

Purchaser is defined as the person who has made a purchase on the Australian United Artists website through an online payment.

Member.

Member is defined as any person who has created an account on the Australian United Artists website, whether they are an Artist or a Purchaser.

User.

A user is defined as any person, member or not, who browses or uses the Australian United Artists website for any purpose.

Content.

Content is defined as data, text, images, usernames, graphics, photos, paintings, drawings, artworks of any type, profiles or links or any other information whatsoever that is posted by Australian United Artists or a member of the website.

Artwork.

An 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 http://www.ipaustralia.gov.au/ip/copyright.shtml or the Copyright Act 1968.

Original.

Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies, reproductions, prints and electronically altered works are not considered original for the purposes of these terms and conditions. Copyright must belong to the creator of an artwork in order for it to be considered original.

Charity.

The charity mentioned anywhere in the Australian United Artists website is The Fred Hollows Foundation.

TERMS & CONDITIONS OF USE

Service Region:

Australian United Artists services and ships to the Australian community only Artworks posted or purchases made from other countries will not be accepted.

Age and Responsibility:

The user represents and warrants that they are of sufficient legal age to use the Australian United Artists website and to create binding legal obligations for any liability they may incur as a result of the use of the Australian United Artists website. The user agrees to be responsible for all of their use of the Australian United Artists 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. The user agrees that they reside in Australia.

Unauthorized Use:

The Australian United Artists website must not be used for any illegal or unauthorised purpose. The Australian United Artists 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 Australian United Artists.

Acceptable Content:

Australian United Artists aims to promote hand-made, original artworks and does not allow digitised or electronically enhanced mediums such as photographs or other works created and/or modified by

Australian United Artists aims to promote hand-made, original artworks and does not allow digitized or electronically enhanced mediums such as photographs or other works created and/or modified by a computer other than those drawn with proprietary software specifically designed for that purpose.

Artworks may include drawings, watercolors, paintings, mixed media, ink works, sculptures, digital art, photographs, castings, carvings, glassworks, etc.

Artworks must be pictured and sold exactly as they will be supplied. For example, if a painting is shown framed, then the frame is deemed to be part of the auction lot.

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 Australian United Artists 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.

Australian United Artists 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 Australian United Artists.

The content posted on the Australian United Artists 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 Australian United Artists website, including all databases.

Australian United Artists encourages all users to the site to report any inappropriate content via the Contact Us page. Australian United Artists will not manually screen all postings and therefore welcomes the assistance from the Australian United Artists community where possible.

Australian United Artists has the right, but has no obligation to, remove any content posted at its absolute discretion Australian United Artists does not condone the posting of inappropriate content and makes a concerted effort to remove such content as soon as possible.

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.

Selling.

Selling: Sales can be by fixed price plus freight quotation, or by auction. Auction sales are to be freight free.

Prices: All prices shown on the Australian United Artists website are to be in Australian Dollars ($AUD). Prices are fixed and not negotiable. If the selling artist is registered for GST then the purchase price shown must include the GST.

Prices of artworks shown on the Australian United Artists website are set at the sole discretion of the Artist. Australian United Artists will not discount or markup or have any control over the valuation of any Artist's artwork.

Fees.

There is a flat 10% commission charged on the sale price of each artwork through the site shop.

There is a % commission scale charged on the sale price of each artwork through the site auction pages as shown in this table.

Final Value Fees
From (AUD)To (AUD)Amount %
$0.00$50.006.99
$50.01$100.006.30
$100.01$250.003.99
$250.01$500.002.99
$500.01$50,000.002.50

There are PayPal fees of 2.6% on all sales transactions. PayPal's example states - There is a fee to send money as a personal payment using a debit card or credit card. The fee in the U.S. is 2.6% plus $0.30 AUD of the amount you send. For example, if you send $100.00 AUD by credit card, the fee would be $2.90 AUD ($2.60 + $0.30) These fees are enforced by PayPal and subject to change by PayPal.

Reducing the price of an already listed item incurs a $5.00 fee.

Postage.

It is the responsibility of the seller to provide correct and accurate dimensions for packed art at the time of

submitting art for sale. The site resreves the right to either

  1. refuse a listing where the form for that listing has not been completed in full
  2. at the sites discretion, it may estimate any missing dimensions from a form that has not been completed in full
  3. where an estimate is used the seller indemnifies the site of any loss regarding the costs of postage for the listing

Exclusivity.

You can sell in other places if you wish, however you are required to let us know if you do successfully sell your art elsewhere so that we can remove your listing and prevent the sale of something that is no longer available. Failure to do this will incur an administration fee of $15.00

Trademark:

The Australian United Artists logo is a trademark of Australian United Artists. Use of the Australian United Artists logo is not authorised without express written permission from Australian United Artists.

Copyright:

All content on the Australian United Artists website is copyright of either Australian United Artists or the Artist. Content must not be downloaded or used without express written permission from Australian United Artists, 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:

Australian United Artists reserves the right to refuse service to anyone at any time and at its absolute discretion.

Australian United Artists reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.

Australian United Artists reserves the right to terminate the Australian United Artists service at any time and at its absolute discretion without prior notice.

Upon termination, any rights granted by the Artist to Australian United Artists under this agreement immediately revert to the Artist.

Warranties: Australian United Artists offers an "as is" service. Australian United Artists does not supply any warranties in relation to content represented on the Australian United Artists website.

In selling or offering to sell goods on the Website, the Seller warrants that:

The Seller is entitled to sell the goods.

The Seller will deliver the goods to the Buyer subject to the terms of sale specified by the Seller when offering the goods for sale on the Website.

The goods are of merchantable quality (except where otherwise described by the Seller).

The goods are fit for their intended purpose (except where otherwise described by the Seller).

The goods will conform to the description of the goods posted on the Website by the Seller.

You acknowledge that the above warranties are given by the Seller or Buyer and not by Australian United Artists. Australian United Artists does not give any such warranties.

Disputes & Release:

Australian United Artists 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 Australian United Artists website including and without limitation any of the content or information contained therein. Australian United Artists 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.

Except as expressly provided elsewhere in this agreement, Australian United Artists will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to the inclusion of your Material on the Website or use of the Website.

Without limiting generality, Australian United Artists will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business or profits, loss resulting from business interruption, loss of business information, loss resulting from any claim by any third party or any other pecuniary loss) arising out of the inclusion of your Material on the Website or your use of the Website, even if Australian United Artists has been advised of the possibility of such damages.

You acknowledge that the websites of third parties may be accessed through the Website and that Australian United Artists has no control over such third party websites. Australian United Artists will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage which may be suffered or incurred by you in relation to any website accessed through the Website.

You acknowledge that the content and material posted by third parties on the Website are made pursuant to these terms and conditions but that Australian United Artists is not responsible for such content or material. Australian United Artists will be under no liability to you and liability is excluded (whether for breach of contract, negligence or otherwise) in respect of any loss or damage suffered by you as a result of any criticism, comment or other content of any third party material which are made in relation to your Material or which are otherwise posted on the Website.

By using the services of Australian United Artists for the sale of your artwork, you agree to allow the Australian United Artists website to use said artwork in advertising or promotion materials for the site. This permission remains in force for as long as the site exists.

Disclaimer:

Australian United Artists does not represent or guarantee that the Australian United Artists service or the Australian United Artists website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Australian United Artists does not represent or guarantee that access to the Australian United Artists service or these websites will be uninterrupted.

The user acknowledges that the Australian United Artists service or the Australian United Artists 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 Australian

Australian United Artists or another person's software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

Australian United Artists does not warrant that any members' uploads to this website will be protected against loss or misuse or alteration by third parties.

Australian United Artists does not warrant that all uploaded content will be available on our website. If Australian United Artists 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.

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.

Australian United Artists 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.

Auction Terms and Conditions can be found in the links on the auction pages and form part of the terms and conditions of this site.

Contact and Acknowledgement

By using the site it is understood that you have agreed to the terms and conditions laid out hereto. Australian United Artists may be contacted at admin @ australianunited artists.net or by calling 0466-725-424

This document was last updated on July 30th 2017