Terms & Conditions for artists

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Artist Eligibility

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• 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.

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Artist Accounts & Profiles

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• 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.

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Artwork Listings

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• Only original works (artwork, sculptures, photography, ceramics, glass art, textile art, jewellery, mosaics, macrame, assemblage art, collage, resin art, 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.

• Any in-situ images must be to scale and not be misleading.

Commission & Payments

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• 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.

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Shipping & Fulfilment

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• You are responsible for secure packaging and shipping of sold artworks and products.

• Prompt postage is expected to take place 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.

• Any returns to you, the artist, for damaged or a change of mind purchase during the 7-day money-back guarantee period – the cost of returning the artwork/product(s) and insurance will be borne by you, the artist.

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Ownership & Intellectual Property

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• 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.

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Artist Warranties

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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.

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Fees & Taxes

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• 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.

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Account Suspension or Termination

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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/products or conduct.

• You list your personal details on the website to encourage buyers to contact you directly.

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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 (if applicable).
• To the extent permitted by law, our liability is limited to our commission share from any disputed sale.

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Changes to Terms

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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.

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Contact us for questions or assistance:
info@theonlineartgallery.com.au