- Definitions: In these terms and conditions: “Company” shall mean OFFMARKET GALLERY, 29 Airlie Street, Claremont WA 6010 in the State of Western Australia. “Purchaser” shall mean the person or Company, the name of which is printed on the face on any Contract incorporating the standard terms and conditions. “Artwork” shall mean the work of art accepted from the owner.
- Agreement Between Parties: The parties agree to enter into a sale of artwork Agreement upon the terms and conditions hereinafter specified. The Company agrees to sell and the Purchaser agrees to buy the artwork referred to on the reverse side of this document at the purchase price (“the price”) referred to on the reverse side of this document.
- Pricing: OFFMARKET GALLERY endeavours to ensure that all artworks on the website are available as shown and are correctly priced. Please note that prices are subject to change at the discretion of the gallery. All prices are in Australian Dollars ($AUD) and include GST. Purchases made from overseas are exempt from GST and the price will be adjusted accordingly. International buyers must also note that there may be duties and/or taxes specific to their country. The buyer is liable for these charges.
- Product orders: Please note that all orders will be subject to availability. OFFMARKET GALLERY reserve the right at any time after receipt of your order to accept or decline your order for any reason. OFFMARKET GALLERY may require additional verification or information before finalising your order.
- Payment: All prices shown on the OFFMARKET GALLERY website are in Australian Dollars (AUD). OFFMARKET GALLERY accepts payment via the following methods: Direct Bank Deposit, Credit Cards, PayPal. International buyers, please note that you will also need to include BIC/SWIFT code: CTBAAU2S
- The Purchaser shall pay the price prior to exchange of the artwork and within 7 days from the date of invoice. The price shall be paid either by cash or bank transfer unless otherwise varied in writing and the Company has authorisation to do so. The price of the work, including delivery costs if applicable, and any GST that may be due, is to be paid in full without deduction by cash, bank transfer, credit card unless another method of payment is agreed. If payment by cheque is accepted, that acceptance is conditional upon payment in full on first presentation. Time for payment shall be of the essence of this Agreement. All sums paid late will bear interest to be computed daily at the rate of 5% per annum above the Reserve Bank’s rate for the time being in force for the period of delayed payment.
- Until the price specified has been paid either by way of cash, card payment or bank transfer or in an authorised manner title, all proprietary interest in the artwork shall remain with the Owner. Failure by the Purchaser to pay the price as specified shall entitle the Company to either elect to treat the contract as repudiated by the Purchaser and the Company may elect to accept the repudiation and terminate this Agreement without prejudice to the Company’s action which it may have to claim damages as a result of this breach of Agreement or elect to treat the Contract as subsisting and demand that the Purchaser duly comply with the terms of this agreement.
- The Purchaser shall pay the cost of delivery and transit insurance when such is arranged by the Company.
- Where the Company has not been paid the price by the Purchaser in the manner specified on the reverse side of this document and the Company has delivered the artwork to the Purchaser, then until title and proprietary interest has passed in accordance with this Agreement, the Purchaser agrees with the Company to keep and hold the artwork as a fiduciary for the Company.
- It shall be the responsibility of the Purchaser to collect the artwork. From the time of dispatch from the Company’s premises to such place of delivery, the risk of any loss or damage or deterioration of the artwork from whatever cause arising shall be borne by the Purchaser.
- Should the Purchaser by agreement with the Company take delivery of the artwork from the premises of the Company prior to the passing of proprietary interest and title, then the Purchaser shall provide the Company with evidence of insurance cover over the art work to the satisfaction of an authorised officer of the Company such insurance acknowledging that the proprietary interest in the art work remains with the Company on behalf of the owner and that the artwork is insured for loss or damage to its full value as determined by the Company. Such insurance cover will be at the expense of the Purchaser.
- Should the artwork remain the possession of the Company after proprietary interest and the title has passed to the Purchaser, the artwork shall so remain at the Purchaser’s risk and any loss or damage to the artwork however incurred shall be the responsibility of the Purchaser and the Purchaser hereby agrees to indemnify the Company in respect of same.
- The description of the artwork is by way of identification thereof and such a description shall not constitute this contract as a sale by description.
- The Purchaser acknowledges that there has been a proper inspection of the artwork and further acknowledges and accepts its present condition.
- No warranty or representation as to the quality or fitness of the artwork on the part of the Company is given or implied by this Agreement or has been given or is to be implied from anything said or written negotiations.
- Should the Purchaser default in the due and the punctual performance of any of the terms and conditions herein contained the purchaser be in default of this Agreement and the Company shall be entitled upon the giving of notice in writing to the Purchaser that he/she/it is in default of the Agreement to terminate this Agreement and retake possession of the artwork and retain any deposits hereunder. Nothing in the Agreement prevents the Company from thereafter reselling the said artwork, nor making a claim for damages from the Purchaser as a result of the breach.
- Shipping: Paintings can be sent nationally and internationally. OFFMARKET GALLERY works closely with professional couriers to ensure your artworks are delivered safely. All artworks are freighted un-stretched, rolled in a tube unless otherwise specified. All works are packed to a high and safe standard and are fully insured against loss and damage. Overseas purchases are sent with via a trackable, registered fast courier service. All shipments must be signed for at the delivery address. Delivery of artworks to a Post Office Box is not an option.
- OFFMARKET GALLERY will confirm receipt of your order within 48 hours. Once the painting has been shipped, we will email you advising of collection and provide the consignment note number should you wish to track the shipment. We must be notified within 24hrs upon receipt of damaged deliveries.
- Export: Where the artwork, which is the subject of this Agreement, is to be exported from Australia by the Purchaser, this Agreement is conditional on the granting by the appropriate authorities of any requisite export license, which the Purchaser shall use his best endeavours to obtain. Where the artwork which is the subject of this Agreement is to be exported from Australia and GST has not been charged because, by reason of such intended export, the work is zero rated or not subject to GST, the Purchaser shall take all necessary steps to export the work within the time limits and in accordance with the formalities laid down by Australian Customs Services and shall formally notify the Customs authorities of the said export and shall complete such documentation as they may require. The Purchaser shall indemnify the Company against any claims made against the Company for GST or any other expenses or penalties by Australian Customs Services by reason of the buyer’s failure to observe the formalities referred to herein.
- International duties: There may be duties or taxes for importing artworks into other countries. It is the responsibility of the customer buying or receiving the goods to pay this duty or tax. You may contact the relevant Customs Office to determine whether duties are payable.
- The Purchaser shall not be entitled to the benefit of any set-off and sums payable to the Company shall be paid without any deductions whatsoever. In the event of non-payment the Company shall be entitled to obtain and enforce judgement without determination of any cross claim by the Purchaser.
- OFFMARKET GALLERY have taken great care to ensure that the artworks displayed on this site are as true to actual colour as possible. However, as computer monitors are not all the same there may be colour differentiations between the image displayed and the actual painting.
- Return and refund policy: When purchasing artworks it is important to us that you are completely satisfied. OFFMARKET GALLERY understand the difficultly in buying a painting via digital image and as such offer a full money back guarantee should you find that the painting does not look the same when viewing in person. Should the artwork you purchase not meet your expectations, you may return it within 14 days of receipt for a full refund or exchange for another artwork (whichever you prefer) and pay only the return freight. There are no refunds for the original cost of transporting the work. No returns or refunds will be accepted after the 14 days period. Any works returned must be in original condition and include the full provenance documentation and photos to enable a refund or exchange.
- Gift registry: OFFMARKET GALLERY can assist with a gift registry for those special occasions, please email art@offmarketgallery.com.au for more information.
- Copyright: Everything on Company website in copyrighted unless otherwise noted. Copyright Law protects the Artist and their artworks. All viewers should be aware that copyright always remains the exclusive property of the Artist. No reproduction of any images from this website for commercial purposes can be undertaken without the prior written consent from OFFMARKET GALLERY or the Artist. OFFMARKET GALLERY 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.
- OFFMARKET GALLERY Terms and Conditions of Entry for Private Viewing: By entering the Premises, each person agrees to be bound by the following When on the premises you must refrain from abusive language and smoking.
- OFFMARKET GALLERY reserves the right to exclude or remove anyone from the property, inspect a bag, luggage or object upon entry and/or leaving the premises, create records of events and activities taking place on OFFMARKET GALLERY premises for promotional, advertising, and archival purposes (these may include images, film, sound recordings including those captured through social media or other digital means such as filming, photography and recording) and use Security Closed Circuit Television cameras throughout the premises.
- You indemnify OFFMARKET GALLERY in respect of all claims made in connection with your attendance at the Gallery premises, except where such claim arises because of a negligent or wilful act, omission or otherwise by the Gallery, or an act or omission by the Gallery that is intended to cause damage or loss. To the full extent permitted by law, you release and discharge OFFMARKET GALLERY from all claims and demands on the Gallery and any loss or damage whatsoever and whenever caused, arising from your attendance at OFFMARKET GALLERY Premises.
- Disclaimer: The OFFMARKET GALLERY website is owned and operated by OFFMARKET ABN 21 686 331 479. If you continue to browse and use this site, you agree to comply with and be bound by our terms and conditions. We have endeavoured to ensure the accuracy of the information contained within this site. Whilst every effort is made to keep the website as up to date as possible there may be times when works appear on this site that are no longer available. For more information on other available artworks please contact art@offmarketgallery.com.au
- The Gallery's information Privacy Policy is available upon request.