TERMS & CONDITIONS
WEBSITE VISITOR / BUYER TERMS AND CONDITIONS
Black Square Arts
“BSA”, “we”, “us”, “our” and “Seller”
Black Square Arts Website / The Website
Artworks / Works / Art
Art created by Artists
Resources offered by Black Square Arts
Description and photograph of the Artwork displayed in the “Shop” page on www.blacksquarearts.com
The creator of Artworks that are listed on www.blacksquarearts.com
A person who visits the Website to view listed Art, Services and Information about Black Square Arts
A person who buys or makes an enquiry to buy Art through the Website
A person who deals with Black Square Arts in any way e.g. Buyer, potential Buyer, Artist, Sponsor, Website User
Text and images that appear on the website
A contract between Black Square Arts and the Artist where Black Square Arts acts as an agent for all sales and commissions of artworks produced by the Artist for the duration of the Agreement
Refers to Black Square Arts and the exclusive right to sell and distribute a Residency Artist’s artwork as per their Agreement
Black Square Arts is a website directory for artists to display their art and to link up with buyers who may wish to purchase art. The Website also displays all the services that Black Square Arts offers such as workshops and studio bookings for Artists. Additionally the Website shows upcoming events and Artists’ exhibitions.
Before contacting Black Square Arts via this website, you must read, agree and accept all of these Terms and Conditions of use.
Copyright and trademarks –This website and its contents are protected by copyright and trademark laws. Use, print and reproduction of material for commercial use is not permitted without our prior written consent.
Prohibitions – You must not decompile or create derivative works from this website, nor extract data about usage, individual identities or users of this website.
Linking – You may provide links to this website, but must discontinue any link to this website if we request.
Articles & publications – The material in this website is intended to provide general information only and does not replace or constitute specific advice. The accuracy, completeness, adequacy or currency of the content is not guaranteed. Your use of all content is at your own risk.
Viruses & defects – This website and its content may not be error-free, free of viruses or free of other harmful components or defects. We do not represent that the material on this website will be always available, correct, accurate or reliable. You should run your own checks and scans. Access to this website may be put off without notice in the case of system failure or maintenance of any reason beyond our control. We are not liable for any error contained within the website, the performance and or availability of the website. We reserve the right to change or discontinue any feature or service on the site at any time without notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the any changes constitutes acceptance of those changes.
Disclaimers – We will not be liable for any loss or damage, including economic loss and consequential damage, arising from the use of or reliance upon this website or its content by you or any other person. In particular:
*We take no responsibility for the accuracy or representation (including composition, colour and dimensions) of any artworks or associated content supplied by artists or third parties for publication on our website. You undertake to inspect, or have your agent inspect, the original artworks rather than relying upon samples displayed on our website before purchasing them.
*We take no responsibility for ownership of intellectual property rights in any artworks displayed on our website nor for ensuring such artworks do not infringe the intellectual property rights of third parties. It is your responsibility and each artist’s responsibility to check and satisfy themselves regarding the intellectual property rights of each artwork. You deal in any artworks and the intellectual property rights pertaining to them at your own risk.
*Care is taken to ensure that the information presented on this website is true and accurate, but we cannot eliminate the possibility of human error, incorrect information provided to us by Artists or third parties. We do not supply any warranties in relation to content represented on the Black Square Arts website.
Indemnity – By continued use of this website, you indemnify us for any damages of any kind arising from the use of this website or from any information, content, materials, products or services. You also indemnify us for any loss, damage or adverse effect to your computers or data arising from the visitation of our website or any sites linked to our website.
Legal force – You accept these terms and conditions by using the website. We reserve the right to change them at any time effective immediately upon publishing them to the website. They are governed by the law applicable in Queensland, Australia. We accept no responsibility or liability for any failure to comply with these terms and conditions due to circumstances beyond our control.
Severability – In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement – Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
All the above terms and conditions are applicable to the Buyer plus:
The Buyer acknowledges that any purchase contract of any art that has been displayed on the Black Square Arts website is a contract between the Seller and the Buyer.
The Buyer acknowledges that any purchase contract of any art commission of an Artist made through the website is a contract between the Seller and the Buyer. Any Art commission of an Artist made directly through the Artist is still a contract between Black Square Arts and the Buyer if the Artist is in residency with us.
PERSONAL INFORMATION & USE
All personal information provided by the Buyer to Black Square Arts will be kept confidential. Details will be placed in the Black Square Arts Database and Buyers may receive electronic marketing materials from time to time. Buyers may unsubscribe if they do not wish to receive these marketing materials by sending an email to email@example.com.
Black Square Arts reserves the right to disclose the Buyer’s personal information as required by law and/or when it believes that disclosure is necessary to protect Black Square Art’s rights.
The Buyer may be asked to provide feedback on their transaction. This feedback may be anonymously published on the website.
TRANSACTION & PRICE
The Buyer and the Seller will take responsibility for all and any transactions including sale price and associated taxes, postage, packaging and delivery of the purchased Art. The sale and purchase contract for Artwork is exclusively between the Buyer and the Seller.
Purchase of Art must be made prior to shipment via the online store facilities on the Black Square Arts Website. Payment methods are specified on the Website at the time you place your Order.
All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
SHIPMENT, DELIVERY & RISK OF LOSS
Title to and risk of loss of the Products shall pass to Buyer as soon as the Art is delivered to the carrier. The Buyer accepts to use the carrier chosen by the Seller: Australia Post for Domestic orders in Australia.
Each shipment date is approximate, and Seller shall not be responsible for any damages of any kind resulting from any delay in shipment or delivery of any Products.
Cost of Shipping Insurance covering up to $5,000 worth of products will be included in the delivery price.
International Buyers outside of Australia shall be responsible for any customs fees or any additional delivery charges resulting from customs review.
CLAIMS & DAMAGES
Buyer shall inspect the shipment as soon as possible upon the delivery of goods to identify any damage resulting from Delivery.
Buyer agrees that any damages, and resulting claims, arising from delivery shall be satisfied through the insurance policy issued by the carrier covering the Product shipment, and Seller shall not be liable for any claims or damages not covered by Insurance.
All claims pertaining to damage from shipment must be asserted in writing within 24 hours after delivery status or such claims are waived in perpetuity. Please include photos and a brief description of the damage in an email to firstname.lastname@example.org.
Please choose your Artwork carefully as Black Square Arts does not offer refunds for Change of Mind.
Seller warrants that the Artwork is an original work of Art of the Artist or a Print signed and/or embellished by the Artist. It is sold “as is” and in compliance with the quality and condition portrayed and described on the Website. Seller makes no other warranty, expressed or implied, on the artworks or any parts of delivery, installation or maintenance of the artwork.
The Artist will retain copyright for all their art - sold or unsold unless otherwise agreed with the Buyer. Please refer to the Commonwealth Government’s Copyright Act https://www.legislation.gov.au/Details/C2010C00476.
If a Buyer that has purchased copyright in any Artwork directs Black Square Arts to remove the Artwork from the Website, Black Square Arts may do so at its absolute discretion.
The Buyer releases and indemnifies Black Square Arts and its employees from and against any and all claims, demands, losses, damages and expenses (including without limitation, legal fees) arising from the Buyer’s use of the website and the Buyer’s purchase of art from the Website.