INTRODUCTION
StateoftheART Gallery is an online art gallery that facilitates the buying and selling of original artwork by artists practicing in Australia and South Africa.
This Agreement describes the general terms and conditions applicable to the representation of the Artist (you) on the StateoftheARTGallery.com.au website. You must read, agree with and accept all of the terms and conditions contained in this Agreement before you may be represented on the website.
We may amend this Agreement at any time by giving you 30 days’ notice via email. Any amended Agreement will govern new artist registrations with immediate effect. Existing members will be bound by the amended Agreement after the expiry of 30 days following the date of notice. No other amendment to this Agreement will be effective unless made in writing, signed by you and by a StateoftheART Gallery representative.
This Agreement is between StateoftheART Gallery (ABN 32941953796),(“Gallery”), and the Artist (you). All works of art are referred to as "artwork."
The Gallery owns and operates the e-commerce site StateoftheARTGallery.com.au, which serves as a broker in selling artwork for a commission. Consequently, the Gallery does not transfer legal ownership of items from the seller to the buyer. The Gallery provides the online platform StateoftheARTGallery.com.au through which exhibiting artists can make their work available for sale.
The artwork offered on StateoftheARTGallery.com.au consists only of original works of art, drawings, paintings, photographs, and limited edition prints. The Artist guarantees that all statements made by the Artist to the Gallery (for example, in the Artist Application) are true, complete, correct and not misleading in any respect.
THE GALLERY AND THE ARTIST AGREE ON THE FOLLOWING:
1. Artist Eligibility:
Only artists living in Australia are currently eligible to apply for representation. You agree that these Conditions of Sale do not infringe any agreements you have entered into with any other person, including but not limited to agreements with art galleries and other potential sellers of your artwork. If artwork you have made available for sale on the StateoftheARTGallery.com.au is advertised in your private capacity, you agree it will be advertised for sale at the same price.
2. Approval of Artist:
The Gallery will maintain the right to the final decision over who is accepted for representation on the StateoftheARTGallery.com.au website. The Gallery will have the right to withdraw any artist from the website or exhibitions immediately, without notification if in breach. Artists must not provide false information of any kind including, but not limited to, availability of work, editions of work or University of study. Any breach of this will result in the contract being potentially terminated and possible legal action being taken.
3. Approval of Artwork:
The Gallery will destroy all digital images of the Artist's unaccepted artwork. The Artist grants the Gallery the right to display the Artist's approved artwork, biography and photograph on StateoftheARTGallery.com.au and to offer the Artist's artwork for sale in accordance with the terms of this Agreement. The Gallery will assert your moral rights not to have your artwork treated in a derogatory way (by any addition, deletion, alteration or amendment) whenever it is seen in public and we will give you full credit as the author wherever your artwork is shown.
You warrant that: You have full and complete ownership of any artwork you make available for sale through StateoftheARTGallery.com.au; You own the copyright to any artwork you offer to us for reproduction or make available for sale.
4. Quality of Material:
The quality of artwork photographs is paramount so that we may use the image for the purpose of marketing you and your artwork. All artwork entries including photographs are reviewed for quality and the Gallery reserves the right to disallow poor photographs and/or inappropriate material from being displayed. Images must be high resolution in JPG format and a minimum size of 1000 pixels wide or high at 150 resolution.
5. Exhibitions:
Should the Artist wish to include artwork from their StateoftheARTGallery.com.au portfolio in a Group or Solo Exhibition, the Artist must deactivate the artwork listing for the duration of the exhibition.
6. Pricing and Commission:
Making artworks available for sale through StateoftheARTGallery.com.au is completely free. The Gallery covers the cost of displaying and promoting your artwork. It is our goal to provide promising emerging artists a platform on which to build their art careers.
All prices shown on the StateoftheARTGallery.com.au website are in Australian Dollars ($AUD). Prices of artworks are established at the sole discretion of the Artist. StateoftheARTGallery.com.au is not an auction website and as such the prices are fixed and non-negotiable. The Gallery will not discount, mark-up or have any control whatsoever over the valuation of the Artist's artwork.
It is understood that the Price set by the Artist is the same as that agreed for similar works marketed through other galleries or venues.
Upon a successful sale, the Gallery will retain a Sales Commission. Our fees, which are subject to change, are incorporated into these conditions by reference. Changes to our fees are effective after we provide you with at least fourteen days' notice by email.
Commission Fees:
The Gallery will take a thirty per cent (30% + GST) commission on the retail price of an artwork as set by the Artist.
Shipping Fees:
The Gallery is responsible for any shipping costs.
7. Artwork Sales:
The Artist shall respond within 24 hours to the Gallery following an enquiry from a prospective buyer sent to StateoftheARTGallery.com.au. The Artist will be notified of a sale by mobile text and email, and has the following obligations in completing the transaction:
(a) The Artist must ensure the artwork is easily available for collection and shipping within 3 business days of receipt of the notification of the sale and agree the date and time of collection. The Artist must provide the Gallery with alternative contact and collection details prior to taking leave of absence.
(b) Logistics. The Gallery facilitates the shipping process on behalf of the Artist in order to provide the buyer with a seamless purchase process through the StateoftheARTGallery.com.au portal. The Artist will indemnify the Gallery, its officers, directors, employees and agents, from any claims for damage to artwork that may occur during transit from the Artist to the buyer. Please note that courier companies will not insure artwork against damage, and it is the responsibility of the Artist to insure their work whilst in transit should they deem it necessary to do so. The Gallery will not compensate the Artist for artwork that arrives at its destination damaged. The buyer will be fully refunded and the artwork will be returned to the Artist.
(c) The Gallery will arrange for the shipping of artworks in most instances, however the Artist is responsible for shipping works on paper (registered post) directly to customers when requested, forwarding proof of shipping to the Gallery. The Gallery will provide the Artist with the customer delivery address for shipping and reimburse the Artist the cost of shipping. It is the responsibility of the Artist to insure their work should they deem it necessary to do so.
(d) The Artist is responsible for shipping (Australia Post) small to medium artworks (longest side under 100cm) to their customer, forwarding proof of shipping to the Gallery. The Gallery will provide the Artist with the customer delivery address for shipping and reimburse the Artist the cost of shipping.
(e) The Artist must print (in colour) and sign a COA (certificate of authenticity, which the Gallery will email to the artist) and include it with their packaged artwork.
(f) Artwork must be packaged by the Artist ready for collection as detailed in the StateoftheARTGallery.com.au Guide To Packaging to ensure safe delivery. The Artist will not be compensated for artwork that arrives at its destination damaged due to insufficient packaging, and the Artist will refund The Gallery for all shipping and banking fees incurred as a result of refunding the buyer.
(g) No artist contact details are to be on, or included in, the artwork package.
(h) Should an artwork which is listed for sale on StateoftheARTGallery.com.au become unavailable for whatever reason, it is the responsibility of the Artist to immediately delete the artwork listing from StateoftheARTGallery.com.au. In the event that an artwork is sold through StateoftheARTGallery.com.au that is no longer available, the Artist is responsible for the credit card company cancellation fee or applicable bank charges, and will refund the Gallery .
(i) The Gallery operates a 7 Day Money Back customer refund policy provided the work is returned to the Artist in its original condition.
8. Payment to Artist:
Payment to the Artist following the sale of an artwork will be made within eight (8) business days of delivery to the Purchaser. This allows for the expiry of any period during which the Purchaser can return the artwork and apply for a refund. The Artist will be paid the price of the artwork less the Sales Commission.
9. Artwork Returns:
Artwork that is returned within the Gallery policies will be sent from the buyer to the Artist. The artwork will no longer be considered sold and no money will be paid to the Artist. The Artist will not incur any costs involved in the return unless they have provided the incorrect artwork, false information, or withheld information relating to the condition and sale of the artwork.
10. Gallery as Broker:
Both parties are independent, and neither is the agent, independent contractor, joint venturer, partner, or employee of the other. The Gallery has no relationship with the Artist except for offering StateoftheARTGallery.com.au as a platform that allows registered artists to offer and sell artworks at any time, from anywhere, at a fixed price. We have no control over the safety or legality of artworks. You the Artist accept sole responsibility for the legality of your actions under laws applying to you. The Artist is responsible for paying any tax that is due as a result of sales of the artwork through the StateoftheARTGallery.com.au website. The Artist is responsible for co-operating with the Gallery in all matters requested; including all arrangements for defective or damaged artwork.
11. Manipulation:
Any contacts made through StateoftheARTGallery.com.au may not be pursued privately by the artist for 1 year following any termination of their contract with the Gallery. If contact is made by either the Artist or the buyer, the Gallery must be informed by the Artist. Artists must never contact StateoftheARTGallery.com.au buyers/clients to offer artworks or services if the contact was as a result of, or originated from a StateoftheARTGallery.com.au introduction, or showcase either online or offline.
12. Copyright:
The Artist guarantees that the artwork submitted to the Gallery is original work and does not infringe the copyright or other intellectual property rights of any third parties. We might like to use images of artworks made available for sale for advertising and promotional purposes without the need to request your permission at the time. When you agree to make artwork available for sale you grant us a nonexclusive, worldwide, irrevocable, royalty-free right to exercise the copyright, publicity, trade-marks, database rights and intellectual property rights you have in the artwork, to be copied, published, translated and distributed in any medium and in any form for advertising and promotional purposes for the duration of this Agreement. We reserve the right to resize or crop an image and to use a detail from an image only. We confirm that you will retain the copyright in any artwork we sell on your behalf and your copyright cannot be sold by us without your prior written consent and for an additional fee to be agreed.
13. Our Rights:
The Artist or the Gallery may terminate this Agreement by giving 30 days' written notice to the other party. The Gallery may terminate this Agreement:
a) Immediately should the Artist breach any of the terms of this agreement;
b) If an artist has failed to sell any work and rarely submits new works after 6 months of being on the site, their work may be removed to allow another artist space at our discretion. The time period and conditions under which each Artist’s web space is allocated is subject to change. The Gallery undertakes to destroy all digital images and associated information on termination of this Agreement with the Artist.
14. Indemnity:
The Artist will indemnify the Gallery, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to, or use of, StateoftheARTGallery.com.au, or your violation of these Terms.
15. Liability:
The Gallery will not be liable for any loss of revenue or damages arising in connection with this agreement. The Gallery will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damage arising out of or in connection with this Agreement. The Gallery has no liability of any sort (including liability for negligence) for acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment. The Gallery makes no representation that the operation of StateoftheARTGallery.com.au will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or downtime.