Terms and Conditions | Use of Site

Use of this Site

By accessing this Site, you agree to be bound by these Terms and Conditions of use and you are consenting to the way information is collected and used, as described within this Policy.


Intellectual Property and Trade Marks

The materials displayed in this Site, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are protected by copyright, trade mark and other intellectual property laws.

The word – artsite – is a registered Trade Mark (Word Mark)

No licence, interest or right-to-use the registered trade mark word – ARTSITE – including but not limited to any combination of text form or graphic is granted to or conferred upon you. Any reproduction or use of any of the content in this Site, without the express written consent of Artsite Pty Ltd or unless expressly authorized by law, is prohibited. If you use the Artsite Trade Mark/s to refer to our activities, products or services, you must include a statement attributing this trade mark to us.

You must not use our trade mark

  • in or as the whole or part of your own trademark, business name or domain name;
  • in meta data, page titles, or keywords pointing to your own site on the internet or in any other situation;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services.

Copyright

This Site is the copyright property of Artsite Pty Ltd (Artsite®) – All rights reserved:

  • The design of this Site and all features and inclusions are the copyright of Artsite® and are protected by Australian and International Copyright laws.
  • Artsite does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content incorporated into this Site.
  • All articles, news items, reviews, images and photographs are copyright the respective author, artist, photographer and publication.
  • All artworks featured are also protected by Australian and international copyright law.
  • The copyright of all images in this Site remain the property of the artist.
  • You may download, display or print and reproduce this material in this Site in unaltered form only for your personal, non-commercial use provided you retain this Terms and Conditions of Use statement.

Apart from any use as permitted under the Copyright Act, 1968 and Copyright Amendment (Moral Rights) Act 2000, you may not, in any form or by any means:

  • adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part in this Site; or
  • commercialise any information, products or services obtained from any part in this Site, without the express prior written consent of Artsite Pty Ltd, and the respective artist.

Responsibility for information in this Site and disclaimer

  • Whilst every attempt is made to keep this Site up to date, at any one time, an artwork may be shown for sale in the stockroom, when it has in fact been sold. The use of the specific services requested or the downloading or other acquisition of any materials through this Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
    This Site could include technical or other mistakes, inaccuracies or typographical errors.
  • The materials or services in this site may be out of date, and Artsite® makes no commitment to update such materials or services.
  • Artsite may make changes to the materials and services in this Site, including the prices and descriptions of any artworks listed herein, at any time without notice.

Online Purchase of Original Artworks

By accessing and purchasing Original Artwork in this Site, you acknowledge that you have read and understood, and agree to be bound by, these Terms and Conditions.


Original Artwork

Due the nature of Original Artwork, once you have placed and confirmed your order in this Site, Artwork is non-refundable due to change of mind.

Artwork in this Site (unless sold prior) is available for viewing at our galleries physical stockroom before online purchase, by appointment or during exhibition opening hours.

Original Artwork is sold As-Is.

  • The description and information about the Artwork in this Site is sourced from third parties (the Artist). We have made every effort to ensure that the information in this Site is correct and up to date, however we take no responsibility for the accuracy, currency, reliability or correctness of any information that is sourced from third parties.
  • Images used in this Site are true photographs of each item of Artwork
  • We have made every effort to display as accurately as possible the colours of artworks that appear in this Site. However, as computer monitors vary, we cannot guarantee that your monitor´s display of any colour will be completely accurate.
  • By accessing this Site and using this Site´s online purchase portal, you expressly acknowledge that characteristics such as shape, dimensions and colour may differ slightly between the photographic image/s and the physical Artwork itself.
  • All sales transactions in this Site are between the purchaser and the Artist.
  • Title in the artwork is transferred to the purchaser at time of payment in this Site.
  • Artworks are being sold subject to a Contract of Consignment.
  • You are purchasing the work directly from the Artist.
  • Copyright in each work is and remains with the Artist – All rights reserved.

Purchasing Original Artwork in this Site?


Artwork can be purchased in this Site´s encrypted secure online payment portal by following the online instructions.
Please Note: Purchase of Artworks in this Site can only be made with delivery within Australia. We currently do not arrange deliveries outside of Australia.

Pricing

All Artist prices in this Site are for the Original Artwork only and are the same price in this Site as in the Gallery.

  • Where the description describes the work as Framed, the price of the Artwork includes the Frame.
  • For artist editioned original prints the Artwork will be described as Framed or Unframed and priced accordingly.
  • Please read the description carefully and ask any questions before proceeding to purchase.
  • Delivery is the responsibility of the purchaser.
  • Some of our artworks include free, or flat rate, delivery as a courtesy of the agent gallery and unlike other sites our artists’ prices have not been increased to cover delivery costs.
  • Insurance is the responsibility of the purchaser and is not included in any free, or flat rate, delivery made as a courtesy of the agent gallery.
  • If you would like Us to arrange delivery for you, it is at your expense at actual cost or you can use your own couriers.

GST

Artist prices shown in the Site are in Australian dollars and are inclusive of GST if applicable.

Art Money

Art Money loans for purchase of Artworks is only available for in-person purchases made in the gallery, unless prior arrangements have been made with Art Money.

Enquiries – Art Money: 1300 31 66 11, email: info@artmoney.com.au


Local Pick Up or Arrange Delivery?


Collecting your Original Artwork purchase from the Gallery

  • If you choose to Collect your purchase from the Gallery (Local Pick Up) at check out please wait for Us to send you a confirmation email with Collecting your purchase from the Gallery instructions.
  • In most cases pick up from the Gallery will be available on the next business day following your online purchase.
  • Collection can be arranged by appointment, or made during normal Exhibition opening hours from:
    Artsite Galleries, 165 Salisbury Road, Corner of St Marys Street, Camperdown NSW 2050 Australia.
  • When collecting your order please make sure that you bring with you the following:
    • Valid photo ID, eg.: Australian Drivers Licence
    • A copy of your Online Purchase payment receipt
  • If you have nominated someone other than yourself to pick up your purchase, we may require contact with you prior to releasing your order.

Purchases that qualify for Free delivery:

  • Some of our artworks include free delivery as a courtesy of the agent gallery and unlike other sites our artists’ prices have not been increased to cover delivery costs.
  • Insurance is the responsibility of the purchaser and is not included in any free delivery made as a courtesy of the agent gallery.
  • If you would prefer to arrange delivery using your own courier/delivery service, it is at your expense at actual cost and your courier will invoice you directly.
  • We recommend insurance at all times.
  • Currently we are only able to arrange delivery within Australia on your behalf.
  • We do not arrange delivery to parcel lockers within or outside of Australia.
  • Returns are not available for items damaged in shipment.

Flat rate delivery:

  • If you choose to have your purchase delivered to your address (Delivery) at check out please wait for Us to send you a confirmation email with Arranging Delivery and Insurance instructions.
  • Insurance is the responsibility of the purchaser and is not included in any flat rate delivery fee.
  • We recommend insurance at all times.
  • Currently we are only able to arrange delivery within Australia on your behalf.
  • If you would prefer to arrange delivery using your own courier/delivery service, it is at your expense at actual cost and your courier will invoice you directly.
  • We do not arrange delivery to parcel lockers within or outside of Australia.
  • Returns are not available for items damaged in shipment.

Estimated Delivery Times

  • 1 – 3 business days (Sydney)
  • 2 – 5 business days (NSW)
  • 5 – 7 business days (VIC, SA, ACT, QLD)
  • 7 – 14 business days (WA, NT & TAS)

Please allow for an extra day or two for all rural deliveries.

  • Please note that these delivery guides are estimates only and we can not be responsible for shipping times after the item has been picked up by your courier from the gallery.

Authorised Signature required on Delivery

  • You, or your authorised person (18+, Photo Id may be required) will need to be present at your nominated delivery address to sign receipt of delivery.

Refunds


We ask that you choose your Original Artwork carefully, we do not give refunds if you simply change your mind or make a wrong decision, or fail to collect purchased artworks from the gallery.

All the Original Artwork in this Site (unless sold prior) is available for viewing in our gallery stockroom before online purchase.


Returns


Subject to our absolute discretion, your purchase of Artwork is final.

Return and Exchange

  • At our absolute discretion, and subject to Conditions of Return (below), we may provide you with a Return and Exchange Credit to the value of your purchase in the event that you wish to simultaneously return and exchange Artwork purchased by you in this Site for a different Artwork available in this Site, or available in the Gallery Stockroom.
  • This simultaneous return and exchange is final.

Return for Exchange Credit

  • At our absolute discretion, and subject to Conditions of Return (below), we may provide you with an Exchange Credit to the value of your purchase, less our Restocking Fee, in the event that you wish to Return for Exchange Credit Artwork purchased by you in this Site.
  • This Exchange Credit (less the Restocking Fee) will expire twelve (12) months from original date of purchase.

Restocking Fee

  • A 15% of purchase price Restocking Fee will apply to all Original Artworks Returned for Store Credit
  • Please Note: This Restocking Fee does not apply for simultaneous Return and Exchange.

Conditions of Return


Returns for exchange or store credit are accepted strictly at our absolute discretion and within the period of seven (7) days from date of purchase or certified date of delivery under the following conditions:

How do customers return items?

  • Purchasers should contact the gallery by email here stating the reason/s for the return and request approval for Return and Exchange or Return for Store Credit within 48 hours of certified receipt of delivery or within 48 hours of date of purchase if collected from gallery.
  • Return and Exchange or Return for Store Credit Approval must be obtained from Us prior to any returns being accepted.
  • Approved returns of Artwork for Return and Exchange or Return for Store Credit must re-packaged in the original materials and returned to the gallery within the period of seven (7) days from date purchase.
  • The Artwork and its packaging must be returned complete and undamaged, and in original condition.
  • Purchasers are responsible for all return costs for approved Return and Exchange or Return for Store Credit.
  • Artwork approved for Return and Exchange or Return for Store Credit may be returned by the purchaser to the Gallery during normal exhibition opening hours or by appointment within the period of seven (7) days from date purchase.
  • Any unpaid transport costs will be deducted from the Return and Exchange or Return for Store Credit amount.
  • The gallery reserves the right to withdraw approval for Return and Exchange or Return for Store Credit where the artwork is found not to be in original condition upon receipt by the gallery.

When do items need to be returned?

  • Artwork approved for Return and Exchange, or Return for Store Credit, must be returned to the gallery within the period of seven (7) days from date of purchase, or certified date of delivery.

Where do items need to be returned?

  • Artworks must be returned in original condition within seven (7) days from date of purchase to:
    Artsite Galleries, 165 Salisbury Road, Corner of St Marys Street, Camperdown NSW 2050 Australia.

Shipping for returns?

  • Delivery and insurance cost of returning artworks for approved Return and Exchange or Return for Store Credit is the responsibility of the purchaser.
  • Delivery of the exchanged work is the responsibility of the purchaser.
  • All delivery and return costs are the responsibility of the purchaser.

General

Due the nature of Original Artwork, once you have placed and confirmed your order in this Site, Artwork is non-refundable due to change of mind, or you fail to pick up your purchase, or fail to accept delivery of your purchase.


Privacy Policy


By accessing this Site, you are consenting to the way information is collected and used, as described within this Policy.

Introduction

This Privacy Policy tells you how we use personal information collected in this Site. Please read this privacy policy before using the site or submitting any personal information. By using the Site, you are accepting the practices described in this privacy policy. You are encouraged to review the privacy policy whenever you visit the Site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices set forth in this privacy policy are for this Site only. If you link to other web sites, please review the privacy policies posted at those Sites.


Collection of Information

We collect personally identifiable information, like names, postal addresses, delivery addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfil your specific request. This information is only used to fulfil your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

You can browse our website without disclosing personal information.

If you do not wish to provide personal information in this Site, we may be unable to provide you with the specific services requested.


Cookie/Tracking Technology

  • We use cookies to help us monitor traffic in this Site.
  • Cookies are fragments of data sent through the web server and stored in your hard drive.
  • The purpose of a cookie is only to monitor the traffic to this Site, the browser type and operating system used to access this Site, monitoring the number of visitors to this Site, and understanding how visitors use this Site.
  • Cookies can also help customise this Site for returning visitors.
  • If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
  • When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
  • Cookies are not able to read the files stored in your computer.
  • Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information.
  • Aggregate non identifiable cookie and tracking information may be shared with third parties.
  • You can reset your browser to refuse cookies.

Embedded content from other websites

  • Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
  • These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation.

We may do so when:

  • permitted or required by law; or,
  • trying to protect against or prevent actual or potential fraud or unauthorised transactions; or,
  • investigating fraud which has already taken place.

The information is not provided to these companies for marketing purposes.


Commitment to Data Security

Your personally identifiable information is kept secure. Only authorised employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

How long we retain your data

  • For users that register on our website, we store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

  • If you have an account on this site, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes

Links to other Sites

Artsite website contains links to other Sites. These linked Sites are not under the control of Artsite. Artsite is not responsible for the management or protection of any personal information you provide to these Sites. Before disclosing your personal information on any other website, Artsite recommends you examine the terms and conditions of using that website.

References to other Sites are provided as an information service only and should not necessarily be construed as an endorsement of those sites or the information contained within them. Conversely, omissions should not be construed as non-endorsement.


Contact Information

If you have any questions, concerns, or comments about our Terms and Conditions and Policies, you may contact us here

We reserve the right to make changes to these Terms and Conditions. Any changes will be posted and effective date of posting.

Updated: 27 November 2020