Gold Coast Gallery Of Art Membership Agreement

Gold Coast Gallery Of Art serves as a platform for Artists to showcase and sell their artwork, as well as for buyers to purchase artwork through an online gallery. Currently, the service is available exclusively to the Australian community, and operations are based in Queensland.

Agreement to Terms and Policies

Before becoming a member of the Gold Coast Gallery Of Art website, you must read, understand, and accept the terms outlined in this Membership Agreement, as well as the associated policies, including:

• Privacy and Security Policy
• Shipping Policy
• Refunds and Returns Policy

These policies may be updated periodically and are considered an integral part of this Membership Agreement. Gold Coast Gallery Of Art reserves the right to amend or modify this Membership Agreement or its policies at any time, with changes becoming effective immediately upon publication on the website (www.goldcoastgalleryofart.com).

By continuing to use the membership sections of the Gold Coast Gallery Of Art website after such changes are published, you agree to be bound by the updated terms. If you do not accept the terms of this Membership Agreement or any modifications, you must stop using the membership sections of the website immediately.

Acceptance of Terms

Each time you access the membership services of the Gold Coast Gallery Of Art, you confirm your acceptance of the current terms of the Membership Agreement and acknowledge any changes. It is your responsibility to review and comply with the relevant policies and terms applicable to your use of the website and services.

If you cannot agree to these terms, you are advised not to access or use the membership sections of the Gold Coast Gallery Of Art website. In the event of a conflict between this Membership Agreement and the Terms and Conditions of Use, the terms of this Membership Agreement will take precedence.

This Membership Agreement is divided into three sections:

1. Definitions
2. Terms & Conditions of Agreement
3. Contact & Acknowledgement

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DEFINITIONS

• Artist: Refers to the individual who has created an original piece of artwork, possesses the legal rights to sell it, and is offering it for sale through the Gold Coast Gallery of Art website.
• Purchaser: Refers to an individual who has completed a purchase on the Gold Coast Gallery of Art website using the online payment system.
• Member: Refers to any individual who has registered for an account on the Gold Coast Gallery of Art website, whether as an Artist, a Purchaser, or both.
• User: Refers to any individual who interacts with or navigates the Gold Coast Gallery of Art website for any purpose, regardless of whether they have registered as a Member.
• Content: Refers to all forms of information posted on the website by the Gold Coast Gallery of Art or its Members. This includes but is not limited to data, text, images, usernames, graphics, photos, paintings, drawings, artworks, profiles, and links.
• Artwork: Refers to any original piece of work listed for sale or sold through the website.
• Copyright: Refers to the legal protection provided to the original expression of ideas, safeguarding such works from unauthorized copying or certain other uses. Copyright protection is automatic and free. For more details, refer to the Copyright Act 1968.
• Original: Refers to a unique and authentic work, distinct from any reproduction, copy, or imitation. For the purposes of these terms and conditions, reproductions or copies are not considered original.

TERMS & CONDITIONS OF AGREEMENT

• Service Region:
  The Gold Coast Gallery of Art provides services and shipping primarily within Australia. Limited international services are also available to regions including, but not limited to, the USA, UK, Europe, and Asia.
• Governing Law:
  This agreement is governed by the laws of Queensland, Australia. Both parties agree to submit to the jurisdiction of Queensland courts.
• Age and Responsibility:
  Users represent and warrant that they are of legal age to use the Gold Coast Gallery of Art website and create binding legal obligations. Users accept full responsibility for their use of the website, including the use of their account credentials (username and password) by others, including minors. Users are also responsible for supervising any minors accessing the website under their name or account. Users agree that they reside in Australia. Access to the website and services requires a desktop, laptop, or mobile device with internet connectivity.
• Personal Information:
  All members are required to provide and maintain accurate and up-to-date personal information, including their full name, billing and delivery addresses, contact details, and a valid email address. The Gold Coast Gallery of Art is not liable for losses arising from account misuse due to password sharing or improper password management.
• Unauthorised Use:
  The Gold Coast Gallery of Art exclusively accepts original, handmade artwork from Australian-based artists. The platform prioritizes original, handmade pieces and considers certain specialized mediums, such as sculpture, at its discretion. AI-generated artworks are not accepted.

All artworks must be packaged securely and labelled as fragile. For international sales, artworks exceeding 30cm may be shipped rolled in a tube. If concerns arise about the authenticity of the creative process, the Gold Coast Gallery of Art reserves the right to request evidence such as work-in-progress images or other proof of creation. Failure to provide sufficient proof may result in the deactivation of the artist’s account.

• License to Reproduce:
  By listing an artwork on the Gold Coast Gallery of Art website, the Artist grants the platform a license to use images of the artwork on the website and in promotional materials as deemed appropriate by the Gold Coast Gallery of Art.

·        AGENCY
For taxation purposes, the Gold Coast Gallery of Art acts solely as an agent for the Artist in facilitating the sale of artworks via its website. The relationship between the Artist and the Gold Coast Gallery of Art is that of principal and agent strictly for taxation purposes. Neither party has, nor may represent that it has, any authority, power, or right to bind the other or create any obligation or responsibility, whether express or implied, on behalf of the other.

·        Nothing in this Agreement shall be interpreted as establishing a partnership, joint venture, or employment relationship between the Artist and the Gold Coast Gallery of Art, nor as creating a franchisor-franchisee relationship between the parties.

·        EXCLUSIVITY
The Gold Coast Gallery of Art does not require exclusivity for the sale of artworks listed on its platform.

·        GUARANTEE TO SUPPLY
In the event of a duplicate sale of an artwork (e.g., an artwork sold simultaneously via the Gold Coast Gallery of Art website and another platform or channel), the Artist must prioritize fulfilling the sale made through the Gold Coast Gallery of Art.

·        The Artist guarantees to deliver the exact artwork as depicted and listed on the Gold Coast Gallery of Art website to the Purchaser. If the Artist fails to supply the promised artwork, they will be held accountable for all administrative costs incurred by the Gold Coast Gallery of Art, including commissions, refunds to Purchasers, and costs related to affected suppliers. Non-compliance may also result in legal action.

PRICES AND SALE PRACTICES

1. Pricing Standards:
• All prices listed on the Gold Coast Gallery of Art website (www.goldcoastgalleryofart.com) are in Australian Dollars (AUD).
• Artwork prices are set by the Artist. These prices must be consistent with or lower than those offered elsewhere, including personal websites, exhibitions, and other online galleries or marketplaces. Artists agree not to undercut the prices listed on the Gold Coast Gallery of Art platform through discounts or sales offered elsewhere.
2. Sales Originating from Gold Coast Gallery of Art Leads:
• Artists are required to complete all sales that originate from leads generated by the Gold Coast Gallery of Art, including studio visits, direct introductions facilitated by the platform, and buyer inquiries stemming from the platform’s social media channels or marketing efforts.
• Artists should inquire how a potential buyer discovered their work and, if the buyer identifies the Gold Coast Gallery of Art, direct them to complete the transaction on the platform’s website.
3. Price Integrity:
• Artists must honor the prices listed on the website. Price gouging (e.g., raising prices following an inquiry) and sale cancellations due to pricing errors are prohibited.
4. Promotional Discounts:
• From time to time, the Gold Coast Gallery of Art may offer promotional discounts or run site-wide sales. Discounts of up to 20% may be applied to listed artworks unless otherwise arranged, with the discount shared between the Artist and the Gold Coast Gallery of Art.
• Example Calculation: $690 retail price - 20% discount = $552 - 33% gallery commission = $369.84.
• Promotional discounts are non-retrospective and do not apply to commissioned works. Artists may opt out of promotions before a sale is made.

TAXATION AND GST

1. GST Compliance:
• Artists selling as registered businesses in Australia must notify the Gold Coast Gallery of Art if they are registered for GST during the sign-up process and provide their ABN (Australian Business Number) and company name.
• Artists are responsible for updating their account if their GST registration status changes.
2. Tax Responsibility:
• Artists are solely responsible for meeting their record-keeping and taxation obligations. The Gold Coast Gallery of Art is not liable for the Artist's tax responsibilities.
• GST-registered Artists are responsible for reporting GST on their sales to the Australian Taxation Office.
3. Invoicing:
• The Gold Coast Gallery of Art will issue invoices to Purchasers on behalf of the Artist. GST will only be charged when the Artist is GST-registered and has notified the platform.

CANCELLATION OF ORDERS

The Gold Coast Gallery of Art reserves the right to cancel orders if it believes either the Purchaser or the Artist is in breach of this agreement or any applicable law. Artists cannot unilaterally cancel orders placed on the platform.

PACKAGING AND SHIPPING REQUIREMENTS

1. Artist’s Responsibility:
• Artists are responsible for professionally packaging and sending their sold artwork in line with minimum packaging standards. Any associated costs are borne by the Artist.
• Proper labeling, including “Fragile” indicators, must be used.
2. Minimum Packaging Standards:
• Boxed Artworks:
• Use acid-free tissue paper, glassine paper, or non-stick bubble wrap over the artwork surface.
• Wrap the artwork in 2–3 layers of bubble wrap, ensuring corners are padded with cardboard.
• Place the wrapped artwork snugly in a double-thickness cardboard box.
• Rolled Artworks (Tubes):
• Cover the artwork surface with acid-free tissue paper, glassine paper, or non-stick bubble wrap, leaving a slight margin to fold over edges.
• Roll the artwork with the image side facing outward.
• Use a tube at least 2mm thick, with ends extending 1–2 cm beyond the artwork.
3. Photographic Documentation:
• Artists must photograph:
• The artwork after wrapping but before placing it in a box or tube.
• The final packaging, showing the front, back, and side (with visible measurements and labels).
• These photographs must be retained until the sale is finalized and may be requested for insurance purposes. Failure to provide photographs may result in denial of insurance claims.
4. Damages and Insurance:
• The Gold Coast Gallery of Art is not liable for damages caused during return transit or if the Artist fails to meet packaging or photographic documentation standards.

SHIPPING AND FREIGHT

1. Pickup Deadlines:
• Artists must book the pickup of sold artworks within 10 business days of the sale. Delays may result in additional charges, which will be deducted from the Artist’s proceeds.
2. Accuracy and Responsibility:
• Artists must provide accurate dimensions, weights, and shipping information. Errors, omissions, or last-minute changes may result in additional fees, which will be charged to the Artist.
3. Payment Release:
• Payment to the Artist will only be released after confirmation from the freight provider that the artwork has been delivered and after the Purchaser’s refund period has elapsed.

Payment to Artists

Payments for sold artworks will be processed between the 10th and 14th of the month following the sale, ensuring there are no returns. Gold Coast Gallery Of Art will remit the total amount collected for the artwork, including GST where applicable, minus the agreed-upon commission based on the Artist's membership.

Artists must ensure their banking information is accurate and up to date. Gold Coast Gallery Of Art is not liable for funds sent to incorrect accounts due to errors by the Artist.

If a refund request from the Purchaser is approved by Gold Coast Gallery Of Art, the Artist will not receive payment for the sale. The artwork will be returned to the Artist at no cost to the Artist, and no commission will be applied. Refer to the Refunds and Returns Policy for additional details.

Copyright

All content on the Gold Coast Gallery Of Art website is copyrighted by either Gold Coast Gallery Of Art or the respective Artist. Content cannot be downloaded or used without written permission from Gold Coast Gallery Of Art or the Artist when the content pertains to their work.

The Artist retains all copyright for their physical artworks, including reproduction rights, even after the artwork is sold. Any reproduction of the artwork by the Purchaser must be separately negotiated with the Artist.

Refusal and Termination of Service

Gold Coast Gallery Of Art reserves the right to refuse service, modify, terminate, or suspend member accounts at its sole discretion and without prior notice.

Artists and Purchasers may remove their profiles at any time, which will delete all user-associated content from the website. Gold Coast Gallery Of Art retains the right to remove all data and images related to terminated accounts unless otherwise required by law.

In the event the Gold Coast Gallery Of Art service is discontinued, reasonable efforts will be made to finalize existing sales. Artists will continue to receive payments as per usual, and Purchasers will receive their purchased artworks.

This agreement terminates automatically if the service is discontinued, or if a breach of terms occurs. Upon termination, any rights granted to Gold Coast Gallery Of Art revert to the Artist. Artists are responsible for maintaining their own records of artworks and transactions.

Warranties

Gold Coast Gallery Of Art provides its services "as is" and does not offer warranties related to the content on its website.

Disputes and Liability

Gold Coast Gallery Of Art is not responsible for disputes between website users, including disputes between Artists and Purchasers or among Artists themselves.

The user assumes all risks associated with using the Gold Coast Gallery Of Art website. Gold Coast Gallery Of Art is not liable for losses or damages resulting from technical failures, unauthorized data use, or website outages beyond its control.

If a provision of this agreement is deemed invalid, the remaining terms will remain in effect.

Art Fairs

Artworks sold during art fairs or pop-up galleries, where Artists have shared the costs of the event equally (including rent or space hire), are exempt from commission fees. Artists will invoice Gold Coast Gallery Of Art for sold works at the end of the event, and payment will be processed within seven days of receiving the invoice.

If an Artist has not contributed to the costs of the event, a commission of 40% plus GST will apply.

Contact and Acknowledgment

For any concerns related to the Gold Coast Gallery Of Art website or this agreement, please contact:

• Email: angie@goldcoastgalleryofart.com
• Phone: 0412 200 013

By using this service, you confirm that you have read and understood this Membership Agreement and agree to be bound by its terms. This agreement supersedes all prior communications, oral or written.