Overview of the Artprenr Service
Artprenr is an online gallery and service provider representing Artists to sell their original Art, Prints and design products through the online marketplace platform. Our Website is marketed to Art collectors within Australia and also on the global market. The website is operated by Hue Innovations Pty Ltd, whose operations are based in Brisbane, Australia.
The Artprenr Service to Artists
Artists who are featured on the Artprenr website must be in agreement with the following Terms and Conditions including the Privacy and Security Policy, Shipping and Returns Policy and Terms of Service Policy.
Artprenr reserves the right, at its absolute discretion, to change or modify all or any part of this membership Agreement at any time, effective immediately once published on the Artprenr Website: www.artprenr.com. Your continued use of Artprenr website after such notice constitutes your binding acceptance of the terms and conditions in this Membership Agreement, including any changes or modifications made by Artprenr. If at any time the terms and conditions of this Membership Agreement are no longer acceptable to you, you should immediately contact us at email@example.com for cancellation of your membership.
TERMS AND CONDITIONS OF AGREEMENT
Artprenr functions as an online gallery and service provider to promote, sell and facilitate the sale of artwork for artists by connecting them with potential buyers. Currently, Artprenr serves mostly Australian Artists with aspirations to sell Artworks from Artists located around the world. The website is operated by Artprenr Gallery, with its operations centred in Brisbane, Australia.
Artists listed on the Artprenr website are invited to be featured and are bound by this membership agreement. If you are invited to be part of the Artprenr community online, you must read, agree with and accept all of the Terms and Conditions contained in the agreement. This includes the Shipping and Refunds policies, and the Privacy and Security Policy. These policies change from time to time, and you agree that they form part of this membership agreement.
Art Sales Commission
The Artprenr commission is 30% +GST on the sale of all Artworks listed on the website. This includes edition prints and other Design products.
Artists and Shipping Costs
As an Artprenr Artist, you are responsible for professional packing of your artwork to be collected and delivered to the Art buyer. The Shipping fees and optional transport insurance fees for artwork sold on the Artprenr Website are calculated upon checkout and payable by the Buyer.
Your Artist membership means you do not have to include shipping costs into your Artwork listed price. The cost of shipping is calculated based on the Artwork size and final weight (including packaging). As the Artist, your obligation for shipping is to follow the step-by-step guide supplied to you when you are accepted as an Artprenr Member. This includes accurate measurements and weights of your artwork. If this is inaccurate, the shipping process may be delayed. Once you’ve supplied all of your Artwork information listed in the welcome pack, the rest is all done for you.
Artprenr services and ships within the Australian community and globally, including (but not limited to) the USA, UK, Europe, and Asia.
This agreement is governed by the laws of Queensland, and the parties submit to the jurisdiction of the courts of that State.
Age and Responsibility:
By using the Artprenr website, you confirm that you are of legal age to enter into binding agreements and assume liability for any consequences arising from your artwork listings on the platform. You accept full responsibility for all activities conducted on the Artprenr website using your account, including the use of your username and password(s) by others, including minors in your household. You agree to supervise and control the website usage of minors under your name or account. To access our online art gallery, you will need a desktop, laptop, or mobile device with internet capabilities.
All members are required to provide and maintain accurate and complete contact details, including name, billing and delivery addresses, contact information, and a valid email address.
It is the Artist’s responsibility to ensure that your bank account details or payment to address details are up to date with your Artprenr account, so that payment can be processed to you upon the sale of your artwork.
The Artprenr website must not be used for any illegal or unauthorised purposes. It is strictly prohibited to hack the website or make any modifications to its content. Posting advertisements or links to external websites, including social networking sites, is not permitted without express written permission from Artprenr.
At Artprenr, we are passionate about showcasing original artworks. We love embracing the creative possibilities that digitised or electronically produced and enhanced mediums bring to the table. This includes stunning photographs, AI Art and all other captivating computer-generated works among others which we carefully consider on a case-by-case basis. Our platform welcomes a diverse range of artistic expressions, such as drawings, watercolours, paintings, printmaking, mixed media creations, plus sculptural pieces and design products.
Licence to Reproduce
By supplying an artwork to feature on the Artprenr Website, the Artist gives Artprenr license to use the image of the artwork in marketing and social media activities and elsewhere throughout the website where Artprenr deems necessary.
Artprenr’s role as Artist Agent
For taxation purposes, Artprenr acts solely as an agent to facilitate the sale of artworks through the Artprenr website on behalf of the Artist.
The relationship between the Artist and Artprenr is that of principal and agent for taxation purposes. Neither the Artist nor Artprenr possesses (nor can represent to possess) the power, right, or authority to bind the other party or assume any obligation or responsibility, whether express or implied, in the name or on behalf of the other party.
It is important to note that nothing in this Agreement should be interpreted as establishing a partnership between the Artist and Artprenr, or as creating a joint venture, an employer-employee relationship, a franchiser-franchisee relationship, or a master-servant relationship between the parties.
Artprenr does not demand exclusivity as an agent selling the Artist’s work, unless separately negotiated by Artprenr and the Artist. Artprenr is one of many avenues for an Artist to sell and promote their work. The Artist may attempt to sell their work with other galleries and Art Marketplaces. Regular inventory updates are required as part of this agreement such as letting Artprenr support team know if an artwork listed is sold and no longer available. This must be done immediately to avoid the risk of double selling the artwork. The artist has a responsibility to maintain their inventory with regular consultation with Artprenr staff.
In the event of duplicate sales of an artwork (for instance, when it is sold simultaneously through other channels alongside Artprenr's website), it is the Artist's responsibility to prioritise the supply of the sold artwork to the purchaser through Artprenr. For every sold artwork, the Artist provides a guarantee to supply the exact piece depicted and showcased on the Artprenr website.
The Artist shall bear the full responsibility for covering Artprenr's administrative costs, outstanding commissions, refunds to purchasers and associated suppliers in cases where they fail to deliver the precise artwork as pictured and posted on the Artprenr website. Failure to comply may result in legal action being taken against the Artist.
Prices & Sales Practice
Prices displayed on the Artprenr website are by default in Australian Dollars ($AUD) and are determined by the Artist themselves. Website visitors have the option to select a preferred currency (for viewing and buying) and the prices will convert from the $AUD to the currency selected.
Artwork prices listed on Artprenr must be either equal to or lower than the prices offered for the same artwork elsewhere. This means that Artists explicitly agree not to price their artwork lower on personal websites, exhibitions, other online galleries, or marketplaces.
When utilising Artprenr, Artists are obligated to complete all sales that originate from Artprenr-generated leads. This includes studio visits arranged by Artprenr, introductions between the artist and collector facilitated by Artprenr, Artprenr-initiated exhibitions, and situations where buyers discover the artist through Artprenr via social media or other channels. It is considered best practice for artists to inquire about the buyer's discovery of their artwork when receiving direct inquiries. In cases where the buyer indicates discovering the artist through Artprenr, the artist should direct the buyer to complete the transaction on Artprenr. All conversations and discussions between artists and buyers on Artprenr, bind the artists to conclude the sale or resulting commission on Artprenr. If, by accident or deliberate action, the sale concludes outside of the platform, the artist is required to remit the full commission to Artprenr.
Please note that any accidental or intentional completion of sales outside of Artprenr will result in the artist being responsible for paying the full commission owed to Artprenr.
Taxation and GST
If an Artist is operating as a registered business in Australia, they are required to inform Artprenr about their GST registration status during the sign-up process. This includes providing their ABN (Australian Business Number) and company name. It is the responsibility of the Artist to keep this information updated in their account if there are any changes or if they cease to be registered.
The Artist holds the responsibility for maintaining proper record keeping and fulfilling their taxation obligations. Artprenr does not assume any responsibility for the Artist's record keeping. However, Artprenr will ensure that the Artist receives copies of any invoices issued on their behalf.
In the case of an Artist registered for GST, it is their responsibility to notify the Australian Taxation Office of the applicable GST on sales of their artworks. Artprenr provides indemnification to the GST registered Artist, relieving them of any liability or penalties arising from an understatement of GST payable on any purchases, as indicated on an invoice issued by Artprenr.
Artprenr reserves the right to cancel orders at any time if there is a belief that the Purchaser or the Artist has violated this agreement or any other applicable laws.
Third Party Invoicing
Artprenr takes care of invoicing the Purchaser on behalf of the Artist in all situations. It is important for the Artist to refrain from issuing an additional invoice to the Purchaser.
GST will be applied to the Purchaser by Artprenr only if the Artist is GST registered and has duly informed Artprenr about it.
Artworks & Packaging
At Artprenr, we require Artists to take responsibility for packaging their artwork. This entails meeting our specific packaging criteria and covering any associated costs. It is crucial to ensure that the packaging is professional, clearly labelled on the exterior, and meets our minimum requirements.
Artworks must be packaged according to the following specifications:
- Place acid-free tissue paper or glassine paper on top of the artwork surface.
- Wrap the artwork with a minimum of three layers of bubble wrap, securing it firmly to protect the corners. Additional cardboard corners should be used as needed.
- Insert the wrapped artwork into a sturdy double-layered cardboard box, ensuring a snug fit and preventing any sliding.
- Clearly indicate "Fragile" with appropriate tape, stickers, or writing on the box.
- Lay acid-free tissue paper or glassine paper on top of the artwork surface, with the paper slightly larger than the image to fold over the edges.
- Roll the artwork, keeping the artwork surface facing outward.
- Use a tube that is at least 2mm thick and 1-2cm longer than the artwork at each end. Secure the ends onto the tube with tape.
- Clearly indicate "Fragile" with appropriate tape, stickers, or writing on the tube.
Failure to meet our minimum packaging requirements may result in one or more of the following scenarios:
- Return of the artwork(s) to you.
- Inability to collect the artwork(s) if deemed unsafe for transit.
- Requirement for you to cover the costs of any necessary repackaging.
- Exclusion from our transit insurance coverage in case of damage during transit.
- Direct contact from our staff to discuss repeated inadequate artwork packaging.
In addition to the minimum packaging requirements mentioned above, Artists are also required to take photographs of:
- Each artwork after it has been wrapped with bubble wrap or rolled, before placing it in the box or tube.
- The final packaging (sealed box or tube) with the shipping label clearly visible before shipping the artwork.
Artists must retain these photographs until the order is finalised and paid out. In the rare event of damage or loss during transit, Artprenr may request copies of these photographs for insurance purposes. Failure to provide the requested photographs may result in the artwork being ineligible for an insurance claim. If an insurance claim cannot be submitted, payment for the artwork cannot be processed. Consequently, the artwork will be returned to the Artist whenever feasible. This requirement does not apply to Artists who handle their own shipping.
Please note that Artists bear the responsibility for any damage occurring to their artwork prior to shipping.
Shipping & Freight
Artprenr holds the exclusive authority to oversee freight management and artwork delivery, which includes but is not limited to booking, selecting the appropriate carrier, and insuring the artwork.
Artists are required to adhere to Artprenr's freight policy and follow the instructions and guidance provided. If an artist wishes to arrange their own delivery, they must seek written permission from an Artprenr team member prior to proceeding. Please note that approval for self-delivery may or may not be granted. Artists who choose to deliver artworks without prior approval will not be reimbursed for any shipping costs or allocations.
It is the responsibility of the Artist to schedule the pickup of their sold artwork within five (5) business days from the sale date. Failure to do so will result in the Artist being held liable for any additional charges incurred by Artprenr, as well as any discounts or reimbursements provided to the customer, up to the value of the artwork. These additional charges will be added to Artprenr's commission. Please be aware that payment for the artwork will only be released to the Artist once the freight provider confirms the delivery of the artwork by their courier.
For artists' information, please note that Artprenr does not provide insurance coverage for glass frames sent by artists. Any damage sustained to the frame or glass will not be covered and will be the responsibility of the artist to repair or replace at their own expense.
Artwork Sold Payments
Payment to the Artist for the sale of their artwork will be processed by Artprenr following a period of eight (8) business days after the artwork has been successfully delivered to the Purchaser. Artprenr strives to expedite the payment process and aims to pay the Artist as quickly as possible, typically within the week that all delivery conditions are met. Artist payments are scheduled for at least two (2) runs per week.
Artprenr will remit to the Artist the full amount collected, including applicable GST, deducting a commission fee as determined by the Artist's membership and subtracting any additional delivery charges incurred due to shipping after five (5) business days from the date of sale.
In the event that a refund claim is initiated by the Purchaser and accepted by Artprenr, the Artist will not receive payment for the sale of the artwork. The artwork will be returned to the Artist, and they will not be responsible for the freight and administrative costs associated with the original delivery and return of the artwork.
No commission will be applied to refunded and returned artworks. For further details, please consult our comprehensive Refunds and Returns Policy.
To ensure the safety of all artworks, it is essential that artists ship their creations with insurance coverage. Proper packaging is a requirement, and artists must retain photographic evidence of the artwork's packaging to be eligible for insurance protection. Artprenr provides insurance for all artworks booked through Artprenr or shipped by artists using our designated carriers as per our instructions. Artists can only make insurance claims for damaged items if they can provide evidence of correct artwork packaging.
Artists who have been approved by Artprenr as designated 'self shippers' are responsible for shipping their own artworks and obtaining their own insurance. Rest assured, the buyer is always protected by insurance throughout the entire process.
Artprenr is a trademark. Use of the Artprenr logo is not authorised without express written permission from Artprenr.
At Artprenr, we respect the copyrights of both Artprenr and the artists. All content displayed on the Artprenr website is protected by copyright, owned either by Artprenr or the respective artists. It is strictly prohibited to download or use any content without obtaining express written permission from Artprenr or the artist, depending on the ownership of the content.
Furthermore, artists retain full copyright, including reproduction rights, for their physical artworks even after the transfer of ownership to the purchaser. If the purchaser intends to reproduce the artwork in any way, they must engage in separate negotiations with the artist to obtain the necessary permissions. We value the rights of artists and ensure their creative works are protected.
Termination of Service
At Artprenr, we maintain the right to refuse service to anyone, exercising our absolute discretion. Additionally, Artprenr holds the authority to modify, terminate, or suspend member accounts at our discretion and without prior notice.
To ensure an active community, Artprenr may terminate member accounts that have remained completely inactive for an extended period, as reasonably determined by Artprenr.
Both artists and purchasers are aware that they have the option to remove their accounts at any time, understanding that doing so will result in the removal of all user-associated content from the entire Artprenr website.
Artprenr reserves the right to terminate the Artprenr service at our absolute discretion and without prior notice. In the unlikely event of such termination, Artprenr will diligently work to conclude ongoing sales, ensuring that artists receive their rightful payments and purchasers receive their purchased artworks.
The artworks offered on the Artprenr Website are an ‘as is’ service to art collectors. Artprenr does not supply any warranties that relate to any artwork or product represented on the Artprenr Website.
Disputes & Release
Artprenr is not liable for any claims arising from disputes between users and members of the website, including disputes between Artists, Purchasers, or any other parties involved.
The user takes full responsibility and assumes all risks associated with using the Artprenr website, including any content or information provided. Artprenr is not liable for any failure to comply with this agreement if it is beyond its reasonable control.
Artprenr's waiver of any rights under this agreement on one occasion does not automatically waive those rights on any other occasion.
If any term of this agreement is deemed invalid, unenforceable, or illegal for any reason, the remaining terms and conditions will still be in effect.
Artprenr does not guarantee the currentness, error-free nature, or virus-free status of its service or website, including linked websites. Interruptions, faults, and delays may occur due to technical difficulties, equipment issues, or infrastructure failures.
Artprenr does not warrant the protection or availability of user uploads on the website. Users are responsible for safeguarding against destructive codes like viruses or Trojan horses.
Artprenr is not liable for any loss or damage incurred directly or indirectly through the use of the website or linked websites, including reliance on information provided.
To the extent permitted by law, any implied conditions or warranties are excluded from this Membership Agreement. Our liability for breach of any such condition or warranty is limited to the supply of equivalent goods or services, the cost of replacement or repair, or the resupply of services.
This disclaimer does not exclude liability arising under statutory requirements that cannot be lawfully excluded.
For any concerns regarding the Artprenr website or this Membership Agreement, please reach out to Artprenr through any of the following contact methods:
Address: 18 Jackson Street, Hamilton Q 4007
By reading this Membership Agreement, you confirm your understanding and acceptance of its terms and conditions. You agree that this agreement represents the complete and exclusive understanding between you and Artprenr, replacing any previous proposals or agreements, whether oral or written, as well as any other communications concerning the subject matter of this Membership Agreement.