User Agreement

Our service

Studio Art acts as a facility provider for artists looking to sell their artwork, and individuals interested in purchasing artwork, through an online art marketplace. This site is operated by Take the Ride Pty Ltd T/A StudioArt.com.au and offers Australian art to a global audience of art lovers and collectors.

Overview

Before you use the Studio Art website you must read, agree with and accept all of these Terms and Conditions of Use, and Studio Art’s 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.

Studio Art 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.studioart.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 Studio Art website.

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

These Terms and Conditions of Use are separated into three sections:

  • Definitions
  • Terms & Conditions of Agreement
  • Contact & Acknowledgement

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 Studio Art website.

Purchaser:  Purchaser is defined as the person who has made a purchase on the Studio Art website through an online payment.

Member:  Member is defined as any person who has created an account on the Studio Art website, whether they are an Artist or a Purchaser.

User:  User is defined as any person, member or not, who browses or uses the Studio Art website for any purpose.

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

Artwork:  Artwork is defined as any piece of original 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 to the information sheets on Artists & Copyright, Infringement, or the Copyright Act 1968.

Original:  Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies and reproductions are not considered original for the purposes of these terms and conditions. Prints must be limited editions, numbered and signed by the artist. Copyright must belong to the creator of an artwork in order for it to be considered original.

Terms & conditions of agreement

Studio Art acts as a platform for selling and buying artworks. We facilitate the sale through our website however it is important to note that your dealings, transactions are directly with the seller (artist). Each artist has their own policies including but not limited to shipping, returns, payment, timeframes and so on. It is important to also read and accept your artist’s policies and terms and conditions (in addition to Studio Art’s User Agreement)  prior to communicating with or purchasing from them.

By communicating with or purchasing from any artist, you are deemed to have read and accepted all of their terms and conditions in addition to these terms and conditions set out by Studio Art. By using the Studio Art website, you accept and agree that Studio Art accepts no responsibility or liability for the transactions and dealings between buyers and the sellers who use the Studio Art marketplace facility. This condition applies to all parties using the Studio Art website.

Studio Art accepts no responsibility for packaging, shipping, returns, quality control or any problems or issues that may arise in the process of selling, buying and receiving an artwork purchased from any of our artists on the Studio Art website. The buyer and seller must resolve any issues between themselves by their own means.

Subscriptions:

Your Studio Art subscription (or otherwise referred to throughout the site and terms and conditions as ‘subscription’ or ‘membership’) will continue until terminated. To use the Studio Art service you must have internet access, and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorise us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below).

We may offer a number of membership plans, including special promotional plans. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you.

Free trial eligibility is determined by Studio Art at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Studio Art membership to determine eligibility.
For combinations with other offers, restrictions may apply.

We will charge the membership fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your membership prior to the end of the free trial period. To view the membership price and end date of your free trial period, please refer to your initial email sent upon initiation of your free trial.

Billing and Cancellation

Billing Cycle:

The membership fee for the Studio Art service and any other charges you may incur in connection with your use of the service, such as taxes and possible third party transaction fees, are your sole responsibility. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorise your Payment Method in anticipation of membership or service-related charges through various methods, including authorising it for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorisation during your free trial period.

Payment Methods:

To use the Studio Art service you must provide one or more Payment Methods. You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

Updating your Payment Methods:

You can update your Payment Methods by going to your account page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).

Cancellation:

You can cancel your Studio Art membership at any time, and you will continue to have access to the Studio Art service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused ‘add-ons’. To cancel, go to your account and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page.

Changes to the Price and Subscription Plans:

We may change our subscription/membership plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you. This does not extend to ending promotional or discounted pricing. Changes for promotional or discounted pricing may be changed without notice at any time.

 

Service Region: Studio Art services the Australian community and internationally online.

Age and Responsibility: The user represents and warrants that they are of sufficient legal age to use the Studio Art website and to create binding legal obligations for any liability they may incur as a result of the use of the Studio Art website. The user agrees to be responsible for all of their use of the Studio Art 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.

Unauthorised Use: The Studio Art website must not be used for any illegal or unauthorised purpose. The Studio Art 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, other than those specifically owned or managed by the artist, as outlined in the registration process are not permitted on the Studio Art website.

Acceptable Content:  

  • Studio Art aims to promote hand-made, original artworks and limited edition fine art prints. Studio Art reserves the right to remove any listing that we deem does not meet our quality control guidelines or does not fit with the principals and/or image of Studio Art.
  • Artworks may include drawings, watercolours, paintings, mixed media, ink works, etc.
  • Sculptures, textiles, craft, jewellery, glassworks and are generally not accepted but may be at the discretion of Studio Art. Contact us prior to subscribing if your art falls in the latter categories.
  • Electronically produced works are not permitted on the Studio Art website.
  • Photography is not permitted on Studio Art at this point however may be permitted in the future.
  • Artworks must be original. No prints will be accepted at this time and such listings may be removed without notice.
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Unacceptable Content:

  • Users posting content on the Studio Art 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.
  • Studio Art 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 Studio Art.
  • The content posted on the Studio Art 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 Studio Art website, including all databases.
  • Studio Art encourages all users to the site to report any inappropriate content via the Contact Us page. Studio Art will not manually screen all postings and therefore welcomes the assistance from the Studio Art community where possible.
  • Studio Art reserves the right but has no obligation, to remove any content posted at its absolute discretion. Studio Art does not condone the posting of inappropriate content and makes a concerted effort to remove such content as soon as possible.
  • All live artwork listings, that are available to be purchased must be available for sale and physically exist.
  • 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 Studio Art website is at the user’s own risk.
  • Studio Art retains at our discretion, the right to remove product listings which feature images or content deemed to be pornographic or offensive in nature.
  • Studio Art reserves the right to remove any content at our sole discretion.
  •  

Prices: 

All prices shown on the Studio Art website are in Australian Dollars (AUD). Shipping within Australia to any destination must be included in the advertised sale price. Prices of artworks shown on the Studio Art website are set at the discretion of the Artist.

It is not permissible to add shipping within Australia onto any advertised price of an artwork on the Studio Art site. International shipping is permitted to be calculated and added onto the sale price.

Withdrawing payment:

Payment to sellers for artwork will be made available for withdrawal within 7 days after the seller has marked the order ‘Completed’. Delivery confirmation is required for all orders prior to payment being made available for withdrawal. Payment will be the sale price less PayPal or other third party transaction fees.

Taxation responsibility: 

Buyers and sellers must follow all tax laws and regulations that apply when using our services.

Tax on consumer purchases:

Purchasers and artists (sellers)  are generally responsible for any Goods and Services Tax (GST), sales tax, or other taxes that apply to items bought on Studio Art marketplace. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office, your local tax or customs authority, or seek independent tax advice.

In any jurisdiction where Studio Art has an obligation to collect tax on consumer purchases:

Studio Art may add the applicable tax to the item price displayed to the purchaser;

Studio Art will display the tax amount at checkout once the purchaser’s order and delivery address are confirmed, and this will be included in the order total paid by the buyer;

Studio Art will collect this amount via any means available to us and remit the tax to the relevant authority.

As a purchaser, you acknowledge and agree that tax may apply on top of the seller’s item price, and that you will have the opportunity to review this before finalising your order.

As a seller, you acknowledge and agree that where Studio Art has an obligation to collect tax on consumer purchases 1) your prices may appear higher to buyers based on their delivery address, and 2) that we may not report tax collected to you, although we will indicate on the order details page if tax was collected by Studio Art.

For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility and not the responsibility of Studio Art.

By using the Studio Art platform to sell art you agree that you will issue an invoice to the member.

Taxation on subscription purchases:

Subscription purchases include 10% GST.

Trademark: 

The Studio Art logo is a trademark of Studio Art. Use of the Studio Art logo is not authorised without express written permission from Studio Art.

Copyright:

All content on the Studio Art website is copyright of either Studio Art or the Artist. Content must not be downloaded or used without express written permission from Studio Art, or the Artist where the content is their own work and they retain copyrights.

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: 

Studio Art reserves the right to refuse service to anyone at any time and at its absolute discretion. Studio Art reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.

Studio Art reserves the right to terminate the Studio Art service at any time and at its absolute discretion without prior notice. Upon termination, any rights granted by the Artist to Studio Art under this agreement immediately revert to the Artist.

Warranties: 

Studio Art offers an “as is” service. Studio Art does not supply any warranties in relation to content represented on the Studio Art website.

Disputes & Release:

Studio Art 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 Studio Art website including and without limitation any of the content or information contained therein. Studio Art 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.

Communication with Artists:

When communicating with an artist directly via Studio Art, you, the collector, agree to be respectful and fair to the artist. If any user is found to be abusive, Studio Art reserves the right to intervene and discontinue the accounts of users involved.

Disclaimer:

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

The user acknowledges that the Studio Art service or the Studio Art 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 Studio Art ‘s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

Studio Art does not warrant that any members’ uploads to this website will be protected against loss or misuse or alteration by third parties. Studio Art does not warrant that all uploaded content will be available on our website. If Studio Art 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. Studio Art reserves the right to cancel and refund any sale made through the Studio Art website.

It is the responsibility of the user to ensure that they are not exposed to viruses, Trojans, malware or any other code of a destructive nature.

Studio Art 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.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  1. if the breach relates to goods:
  2. the supply of equivalent goods;
  3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  4. the payment of the cost of having the goods repaired; and
  5. if the breach relates to services:
  6. the supplying of the services again; or
  7. the payment of the cost of having the services supplied again

This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded

Contact & acknowlegement

Contact:    If you have concerns relating to the Studio Art website or these Terms and Conditions of Use, please contact Studio Art via any of the following means:

Email:     hello@studioart.com.au

Post:    PO Box 5769, Maroochydore BC  QLD  4558 Australia