Terms & Conditions

1.OVERVIEW

1.1. What are these Terms about?

These terms and conditions, together with the policies expressly referred to within (Terms) govern how any artwork owned by a person registered with Art Station under these Terms to sell it (Seller, you, your) may be offered for sale and sold on the website and systems accessible at www.artstation.co.nz (Platform). Any words or expressions used in these Terms that begin with a capital letter which are not otherwise defined where they first appear shall have the meaning given to them in Clause 1.5.

Each contract for the sale of Artworks by you (Contract) shall be concluded in accordance with Clause 22.4 of the Terms and Conditions of Use (Terms of Use), the current version of which, as amended from time to time in accordance with those Terms of Use, shall form part of these Terms. When you display Artworks for sale on our Platform you will be offering to sell these directly to a Customer, and you appoint us as your commercial agent to conclude the sale of the Artworks in accordance with the Clause 1.4 of these Terms.

1.2. Our details and how you can contact us

Art Station’s registered office is at 22 Station Street, Timaru, South Canterbury, New Zealand, 7910. Our principal activity is the provision of an online art marketplace displaying authentic Artworks for sale.

If you have any questions, concerns or complaints, you can email Art Station at artstationz@gmail.com, use the Platform’s ‘Contact us’ page or write to Art Station at 22 Station Street, Timaru, South Canterbury, New Zealand, 7910.

As soon as we receive any complaint, action will be taken to rectify the problem. If you contact Art Station by post or email we will reply by email. If you contact Art Station by phone we will aim to resolve the issue immediately. If we need a little time to investigate we will let you know.

1.3. What definitions will be used in these Terms?

Please take the time to familiarise yourself with the following expressions, which will be used throughout this document as explained below:

• Listing

The page and its contents on which an Artwork is offered for sale by a Seller on the Platform.

• Content

Any text or imagery contributed to and hosted on the Platform

• Gross Sale Proceeds

The monies paid by a Customer to us under the Terms of Use with respect to the sale of an Artwork concluded via the Platform

• Net Sale Proceeds

The monies due to a Seller under these Terms with respect to the sale of an Artwork concluded via the Platform

• Customer

Any person registered with us under the Terms of Use for the purpose of purchasing Artworks on the Platform.

1.4. You appoint us as your commercial agent

You hereby authorise us to act as your commercial agent to promote your Artwork(s) for sale to Customers via the Platform (but we are not obliged to find you Customers), to conclude each Contract for the sale of your Artwork(s) between you and that Customer via the Platform as specified in Clause 22.4 of the Terms of Use and to accept payment on your behalf via the Platform in accordance with the Terms of Use. Each such Contract is between you and the Customer only. We are not a party to that Contract and we are neither the buyer nor the seller (or reseller) of the Artwork(s) that you offer for sale. We are not the Customer’s agent for any purpose. You, and not us, are responsible for performing the obligations under the terms of any Contract between you and a Customer. You are the seller of record for all your Contracts, but the Customer pays us via the Platform for the relevant sales. The Customer’s obligation to pay for any Artwork(s) under each Contract with you is satisfied when that Customer properly pays us for the Artwork(s) via the Platform. Because we conclude the sale on your behalf and the Customer’s payment to us satisfies the Customer’s obligation to pay for the Artwork(s), our name will appear on the Customer’s payment card statement (which may also display the Seller’s name). You must dispatch or arrange for the dispatch of the Artwork(s) you have sold after receiving notification of the Customer’s order. Customers may only pay for Artwork(s) they purchase via the Platform by making a payment to us and you must not invoice any Customer, or obtain payment, outside the Platform. Any refunds to Customers may only be initiated via the Platform. We may in our sole discretion investigate or decline to process any transaction involving any Artwork(s) purchased via the Platform.

Except as otherwise expressly provided in these Terms, we are not the agent, intermediary or other representative of the Seller. We are not a fiduciary or trustee of the Seller.

1.5. Are there any other policies or terms I should read?

The below is a list from which you can access all documents and policies referred to in these terms, which should be read carefully.

• Payment Policy
• Customer Returns Policy
• Packaging and Delivery Guidelines
• Artwork Quality Guidelines
• What can be sold on Art Station
  
• Image Display Guidelines
• Privacy Policy
• Terms of Use

Art Station reserves the right to alter these Terms or other Platform policies at any time, so please review them often to ensure you are aware of any changes. If you do not agree to all the following terms you should not use this Platform.

1.6. By which laws are these Terms governed?

These Terms are governed by the laws of New Zealand and you agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to your relationship with Art Station.

It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate. It is your responsibility to adhere to all applicable tax requirements for sales made to users on the Platform.

2. CONTENT AND ELIGIBILITY

2.1. What requirements must I meet to be eligible to sell on the Platform?

You must be over 18 years of age to become a Seller on the Art Station Platform. By accepting these Terms you represent and warrant that you are at least 18 years of age.

You additionally warrant that all information you provide to Art Station, including but not limited to your name, tax status, and country of residence, is accurate, truthful and kept up to date subject to any change.

2.2. What is the status of my account on the Platform?

When we accept your application to register on the Platform as a Seller, we set up a data account for you in our systems ( Seller Account) that includes your details of each of your Artwork sales (Sale) and issue you with certain credentials with which to log-in to your Seller Account (Passcodes). The Seller Account does not hold any funds.

Each time you seek to access the Seller Account we will ask for Passcodes. As long as the correct Passcodes are entered, we will assume that you are the person giving instructions and you will be liable for them, except to the extent provided for in this clause 2.2. You must therefore keep the Passcodes secret and make sure that they are not stored in a way that enables others to impersonate you. If you disclose the Passcodes to any person that you authorise to access the Seller Account, you are also responsible and liable for any access, use or misuse or disclosure of your Passcodes or Seller Account by such person.

We can refuse to act on any instruction that we believe: (i) was unclear; (ii) was not given by you; or (iii) might cause us to breach a legal or other duty; or (iv) if we believe the Platform is being used for an illegal purpose.

Unless and until you notify us by email  that you believe someone else knows the Passcodes or can use the Seller Account by impersonating you:

• (a) you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
• (b) we will not be responsible for any unauthorised access to confidential information about you in the Seller Account.

We will do all that the Service Provider reasonably can to prevent unauthorised access to Seller Account.

You, not us, shall be responsible for (a) compiling and retaining permanent records of all Sales and other data associated with the Seller Account and your use of the Platform, and (b) reconciling all payments in relation to the Sales. Upon the termination of these Terms for any reason, we shall have no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with any Sales or the Seller Account.

2.3 Must I be the creator of the Artworks I upload?

You warrant that you are the creator and sole and exclusive owner of all Artworks displayed on Art Station or are consignor of such Artworks as directly authorised by their creator.

You additionally warrant that you have obtained all clearances, and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of Artworks on the Platform.

2.4. What restrictions apply to the Artworks I may sell on the Platform?

All Artworks must be Wall art only. That means all artwork must be suitable for wall hanging. No sculptures are to be listed on the platform. We do accept three dimensional works that have been made with the sole intention of being wall hung and provide adequate fixings hanging. 

All Artworks represented for sale on Art Station must be one-of-a-kind or limited edition original artworks with a maximum edition size of 100. All Artworks must be signed by their creator or accompanied by a certificate of authenticity signed by their creator.

All impressions sold from a limited edition print run must be assigned numbers in correspondence with the order in which they were produced. The number of each impression must be marked clearly on the Artwork itself or on its accompanying certificate of authenticity.

2.5. What restrictions apply to the Content I may upload to the Platform?

You acknowledge and agree that you are solely responsible for all Artwork Content you upload to Art Station. You may not upload Artwork Content or any other materials which Art Station reasonably believes to be:

• 1.offensive, including material that incites racial hatred or promotes discrimination;
• 2. obscene or pornographic; or
• 3. materials which infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Art Station reserves the right to remove any Content or Artwork Listings from the Platform at any time in its sole discretion.

2.6 How and when are Art Station permitted to use my content?

By registering and becoming a Seller and uploading Artwork Content you grant Art Station a worldwide, non-exclusive, royalty-free, sublicensable right and license to access, view, use, distribute, publicly display, publicly perform and transmit your Artwork Content via online and physical sales channels (including the Platform and third party sites and platforms) in any media now known or not currently known.

This right and license is solely for the purpose of enabling Art Station to use your content for the promotion of the Platform. Art Station does not claim, and so may not violate, ownership rights in your Artwork Content.

You acknowledge that the only compensation you will receive for such license, if any, will be in the form of the Net Sale Proceeds, payable only upon the sale of an Artwork through the Platform, and defined later in this document.

3. YOUR OBLIGATIONS

3.1. Am I responsible for inaccuracies in my Artwork Listings?

It is your responsibility to ensure that all Listings submitted to the Platform represent the Artworks offered for sale therein to the highest degree of accuracy possible.

Where inaccurate specifications or materially misleading images are submitted as part of Artwork Listings from which any Sale is made, Art Station reserves the right to debit any costs associated with resulting Customer return requests from the Gross Sale Proceeds.

3.2. Are there any restrictions in place on how I may price my Artworks?

The price stated in each of your Artwork Listings ( Price) must be a reasonable reflection of the value of the Artwork offered for Sale, and must be equal to the price set for the same Artwork on any other channels through which the Artwork is sold directly or on consignment.

You authorise us to discount the Price by up to 15% in the event that Art Station deems this necessary to conclude a Sale, based on:

• a) specific actions of a Customer at a given time (for example, first-time Purchase, cart abandonment, intention of buying multiple Artworks from you or other Sellers);
• b) seasonal events typically linked to consumer promotions (such as Valentines or Black Friday sales) targeted at specific Customer countries, regions or globally, including Platform-wide promotions.

Where a Customer introduced to you through the Platform locates your Artwork offered for sale elsewhere at a lower price either directly by yourself or by an authorised consignee, Art Station reserves the right to adjust the Price of the Artwork on Art Station, before or after Sale of the Artwork has been completed, to be equal to the lower price, and calculate your Net Sale Proceeds for any resulting Sales in accordance with this updated Price.

Your specified shipping and handling fees for Artworks listed on Art Station must be an accurate representation of costs incurred in fulfilment of the order. Inflating your shipping and handling fees with a view to avoiding or lessening Art Station’s commission is strictly prohibited.

3.3. Am I responsible for fulfilling orders placed for Artworks I upload for sale?

It is your sole responsibility to arrange the packaging and shipment of Artworks for delivery to any Customers introduced to you through the Platform. It is your responsibility to research accurate shipping rates and select a preferred courier prior to listing your Artwork. Art Station will not be liable for any losses incurred as a result of inaccurately quoted rates.

Artworks must be packaged and shipped in accordance with Art Station’s Packaging and Delivery Guidelines , Shipping Policy and the timeframe specified on your profile page. Where these requirements are not met, Art Station reserves the right to debit any costs associated with resulting Customer return or cancellation requests from Net Sale Proceeds. Art Station reserves the right to treat as unfulfilled any orders which have not been marked as shipped beyond the expiration of the time frame specified on your Shipping Details page.

It is your responsibility to comply with all local tax regulations with respect to any sales completed on the Platform, and to include any required documentation or invoices within packages shipped.

3.4. Can I offer custom or bespoke Artworks?

At this time Art Station only allows Artists the ability to upload completed artworks to the marketplace. Artists may NOT use the platform to offer commission services.

4. ARTSTATION’S OBLIGATIONS

4.1. How will I be notified of orders placed for my Artworks through Art Station?

When an order has been placed for one of your Artworks you will receive a confirmation notice to your nominated notification email address, inclusive of all details necessary for the dispatch of the Artwork to the Customer. You are also able to view outstanding and completed orders from your Seller Dashboard.

4.2. How and when does Art Station collect payment from Customers for orders placed for my Artworks?

We will notify you by sending a confirmation notice to your nominated notification email address when a Customer places an order via the Platform under Clause 22 of the Terms of Use. You must promptly either:

• (a) dispatch the Artwork(s) specified in the order using tracked delivery method and notify us using the tool provided on the Platform that you have done so (Order Dispatch Confirmation), to enable us to send the Order Confirmation to the Customer, as required in Clause 22.4 of the Terms of Use;
• (b) notify us using the tool provided on the Platform that you are unable to supply the Artwork(s), to enable us to notify the Customer that the order will not proceed, under Clause 22.5 of the Terms of Use;

The Contract between you and the Customer will be formed when the customer places their order.

The Customer’s chosen payment method will be debited for payment for the Artwork(s) and all applicable Delivery Charges when we send the Customer the Order Confirmation under Clause 22.4 of the Terms of Use.

Payment is sent securely to Art Stations designated account separate from our own funds. Our 10% commission is subtracted from the order total and the remaining funds are sent to the Sellers designated account on the final day of the month as described in Art Stations Payment Policy. 

4.3. When will I receive my revenues for Artworks I have sold to consumers through the Platform?

Your Net Sale Proceeds will be transferred to your Nominated Payment Account immediately after purchase. Art Stations 10% commission fee will be subtracted from this payment automatically.

Art Station is entitled to withhold your Net Sale Proceeds for any given Sale if there is, or in Art Station’s reasonable opinion is likely to be, a dispute with you or a dispute between you and the Customer, until such dispute is resolved to Art Station’s reasonable satisfaction.

5. RETURNS AND DISPUTES

5.1. Am I obliged to accept requests for the return and refund of my Artworks ordered through the Platform?

By creating Artwork Listings on Art Station, you agree to offer Art Station’s current Platform-wide Customer Returns Policy with respect to any resulting sales. All returns requests submitted by Customers are received, processed and arranged by Art Station. You will receive immediate notice via your nominated notification email address of any approved returns requests for Artworks you have sold through Art Station, as well as a further confirmation email once a collection date and service has been arranged.

5.2. Who is liable for the cost of return shipment of Artworks under Art Station’s return policy?

At this point Art Station will not be able to reimburse outbound shipping costs originally paid by the customer. However, we will provide any transactional information, as necessary, to help you file a claim with your courier.

5.3. Who is liable for the cost of damage in transit to Artworks ordered through the Platform?

Art Station will accept no liability for damage to Artworks in transit from you to your Customer. It is solely your responsibility to ensure that you package your Artworks sufficiently and ship them via a service that will minimise the likelihood of damage.

You acknowledge that any postage or shipping guidance provided by Art Station in the form of help articles or support correspondence comes with no guarantee of safe transit if followed. If you do not secure transit insurance for any Artwork before shipping it, you do so solely at your own risk.

5.4. Who is liable for the cost of Artworks ordered through the Platform lost in transit?

Art Station will accept no liability for Artworks lost in transit on their way to your Customer. If you do not send your Artworks via a traceable method of shipment, you do so at your own risk and Art Station reserves the right to issue a full and immediate refund to the Customer on notice of non-delivery within the estimated timeframe.

5.5. Will I be reimbursed for outbound shipping costs for Artworks returned to me?

At this point Art Station will not be able to reimburse outbound shipping costs originally paid by the customer.

6. FEES AND PAYMENTS

6.1 Are there any upfront fees charged on opening an account on Art Station?

There are no upfront fees when registering an account or listing artwork on Art Station.

When your Artwork is sold to a Customer introduced to you through Art Station, Art Station is entitled to charge the commission and fees, plus GST.

6.2. When is Art Station entitled to take commission on a sale of one of my Artworks?

You must pay us the Commission on any sale of your Artwork or Artworks to any Customer first introduced to your Artworks, or with whom you have first made contact, via the Platform. We will deduct our Commission from the Gross Sale Proceeds for that Artwork in accordance with Clause 6.3 of these Terms. Any attempts to complete sales or any other monetary transactions initiated on the Platform outside of the Platform are strictly prohibited, and will result in the suspension or closure of your Seller Account.

In any case where Art Station reasonably believes a sale or monetary transaction initiated on the Platform to have been completed outside of the Platform, Art Station reserves the right to debit any costs associated with resulting customer return requests from any Net Sale Proceeds due to you.

6.3. How much revenue will I receive from sales completed through the Platform?

Art Station deducts Commission and Fees from the Gross Sale Proceeds on a percentage basis in relation to Sales completed through the Platform. In the event of any change to the Commission and Fees Policy, Art Station will provide with at least 14 day’s notice by posting the changes on the Platform. Your Net Sale Proceeds for any given Sale is the Gross Sale Proceeds based on the Price at which the relevant Artwork(s) is sold under the Contract, less the total Commission, Fees and taxes due in relation to the Sale and any discount that you have offered (or authorised Art Station to offer under Clause 3.2), to the relevant Customer. Unless offered pursuant to your authority under Clause 3.2 or otherwise expressly agreed by you, any Platform-wide discounts and promotions offered to Customers on the Platform will be absorbed by Art Station in full and not affect in any way your Net Sale Proceeds.

6.4. How will revenues for orders of my Artworks be transferred to me?

You shall open and maintain in your name a payment account with a duly authorised payment services provider to receive payments from customers and include the details of it on the payments page in your Seller Account ( Nominated Payment Account).

Your Net Sale Proceeds will be transferred to your Nominated Payment Account after the sale of your artwork. It is your responsibility to ensure that all dispatched orders are marked as shipped on your Orders page. Your Net Sale Proceeds for any given order will not be transferred until these requirements have been satisfied with respect to that order.

7. TERMINATION AND ACCOUNT CANCELLATION

7.1. Under what conditions may this agreement be terminated?

Art Station may, in its sole discretion, terminate this agreement, access to the Platform without notice to you. Upon termination, all rights and obligations will be extinguished other than such rights and obligations which are necessary to process any orders placed prior to such termination.

7.2. How can I cancel my Art Station account?

You may request deletion of your Art Station Account from your user settings page or by contacting us from the contact page on the platform. On receiving notice of your cancellation request, we will endeavour to remove your Seller shop from the Platform within 2 working days.

8. FURTHER PROVISIONS

8.1. Website Usage

In no event will Art Station be liable for any damages arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use, or inability to use this Platform. We make no warranty that this Platform or the server that makes it available is free of viruses or bugs.

Throughout the Platform, you may find links to third party websites. Please note that Art Station is not responsible for the privacy policies or content of third party sites.

8.2. User Data

To the extent that personal data is supplied by users to Art Station, such data shall be owned by Art Station and subject to the then effective Privacy Policy of Art Station, the Data Protection Act 1998 and any other applicable law or regulation in the relevant jurisdiction. Where you receive personal data from users of the Platform, you will comply with all applicable law and regulation, the Art Station Privacy Policy and all other instructions of Art Station.

8.3. Liability

Art Station is a venue and provides an online marketplace and gallery only.

The Platform are provided on an “as is” basis. Art Station makes no representations or warranties of any kind to you relating to the Platform to the fullest extent permitted by law.

Art Station shall not be liable for any damages of any kind including without limitation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Platform, provided that nothing in these Terms shall exclude or limit liability for death or personal injury arising as a result of negligence, fraud or any other liability which may not be excluded or limited by law.

Without limiting the foregoing, Art Station’s total and aggregate liability to you shall in no event exceed the total amounts actually received by you in any calendar year in connection with a sale of Artwork through the Platform.

You hereby indemnify Art Station and keep Art Station and its group companies, third party sellers, directors, shareholders and employees at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of Art Station), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations under these Terms or otherwise arising from a transaction between you and a consumer or your use of the Platform.

8.4. General

These Terms do not create any right enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999.

Save for as expressly referred to in these Terms, these Terms contain the full and complete understanding between the parties and supersedes all prior arrangements and understandings, whether written or oral, pertaining to the subject matter of these Terms.

These Terms shall not be deemed to constitute a partnership, joint venture, contract or relationship of employment between the parties.

These Terms and any non-contractual obligations or liabilities arising out of or in connection with these Terms shall be governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of New Zealand’s courts.