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.
• Artists must be based in Australia and hold a valid Australian postal address and Australian bank account. Artists residing outside of Australia are welcome to register provided they maintain an Australian postal address for the purpose of returns and an Australian bank account for the receipt of payouts.
• As The Online Art Gallery markets itself as a platform for original Australian artworks, all registered artists are expected to have a genuine connection to Australia. We reserve the right to hide or remove any listing or profile where this requirement is not met, pending resolution with the artist directly.

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, 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.
• When pricing your artwork we strongly recommend factoring in the cost of postage and insurance to any address across Australia, as this cost is borne by you the artist at the time of sale.

Nudity and Sensitive Content

The Online Art Gallery welcomes original artworks that celebrate the human form. Works containing nudity or sensitive figurative content are accepted on the platform and must be listed under the ‘Nudes’ listing category, and accompanied with the tag ‘nude’.

Artists are responsible for correctly categorising their work at the time of listing. Works containing nudity that are listed in other categories may be recategorised without notice.

Please be aware that works listed under the Nudes category are excluded from our paid advertising campaigns across Google, Pinterest and social media platforms due to the content policies of those platforms. This does not affect your ability to sell through the website.

Commission & Payments

• We charge a commission of 25% (plus GST) on the advertised 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 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 to the purchaser’s address 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 change of mind purchases during the 7-day money-back guarantee period - the cost of returning the artwork/product(s) and insurance will be borne by the purchaser.

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.

Promotional campaigns, deals, promotions, sales and discounts

From time to time, The Online Art Gallery may conduct promotional campaigns, deals, sales, or discounts to support our marketing strategy. By participating in a promotional campaign, you acknowledge that:

• You will be notified via email when a sale is scheduled to commence and are responsible for ensuring emails from The Online Art Gallery are not directed to junk or spam folders.
• Any percentage or set-amount discount applied during a sale will be deducted from the original artwork price before The Online Art Gallery deducts its standard 25% commission.
• If you do not wish to participate in a sale, you may mark yourself as “on vacation” within your profile dashboard prior to the sale commencing.
• Artist payouts from sale proceeds will be processed according to the standard payout schedule outlined in your Artist Agreement.
• Discounts do not apply retrospectively to past orders.
• Deals cannot be used in conjunction with any other promotion or discount offer.
• Deals can be purchased using Gift Vouchers; however, discounts do not apply to the purchase of Gift Vouchers.
• There is no limit to the number of times a discount or sale code may be used during the sale period unless otherwise stated.
• The Online Art Gallery reserves the right to modify, suspend, or terminate any sale at its discretion.

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/products or conduct.
• You list your personal details on the website to encourage buyers to contact you directly or from another competing online platform.

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.

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.

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