Terms and Conditions for Vendors

TERMS OF SERVICE

Our Service

At Kuoni Creative, artisans of 18 years and over can sell their art pieces, including painting, jewellery, textiles, sculpture, gift lines, prints, cards and more via our online store. All pieces must be original artwork or signed, limited edition prints. Art must not be copied from other’s artwork and must not utilise other’s copyrighted photographs.

Our gallery also offers artists the opportunity to host workshops, exhibitions and other events, such as awards nights and other related, creative-based events. We will promote these via our website and social media platforms.

Our website also offers the opportunity to artists to be promoted as our Artist-of-the-Month, with editorial on our blog as well as posts and photographs on Facebook and Instagram.

Each artist member has the opportunity to add more of their products to our online store, over and above those products physically held in-store. This thereby increases each artist’s sales potentials and gives the artists their own online store and presence.

Kuoni creative currently provides online services and sales to Australian states and territories. We plan to extend these services to overseas markets in the future.

All prices on the Kuoni Creative gallery website are in Australian dollars ($AUD). All prices are fixed and not negotiable.

Kuoni Creative is an Australian business based in Blackwood, South Australia.

New artist members to Kuoni Creative must first read, agree and accept all the Terms and Conditions of Use as written, including our refund and returns policies, privacy and security policies, shipping policy and sales agreement. We reserve the right to modify or change these Terms and Conditions, policies and agreements at any time, with changes becoming effective once published on our website at www.kuonicreative.com.au

If, at any time, you do not accept, agree or abide by any of our Terms and Conditions of Use, then you should cease membership as well as use of our website. Please discuss any concerns or issues ahead of this.

Questions, concerns or complaints can be directed to admin@kuonicreative.com.au . We will reply as soon as possible.

Terms and Conditions of Use

Sales Agreement

You must be 18 years or older to become an artist member with Kuoni Creative and sell your products via our online store. Your acceptance of these terms will represent and warrant that you are at least 18 years of age.

In addition, you warrant that all information that you have provided to Kuoni Creative is true, current and correct.

We charge 28% commission on every artwork sold at www.kuonicreative.com.au

All artwork and products posted for sale by you must be original. You must hold the sole, exclusive rights to the art/products and it/they must be of your own creation. An image represented in or by the art piece must not be via an unauthorised copy or reproduction of work by another artist or photographer.

Art pieces derived from royalty-free photographs, such as those provided by such websites as i-stock photography, are highly discouraged. Although free from copyright, the artist runs the risk of another artist using the same photograph for an artwork that is a direct copy/realistic depiction of the same photo. In turn, this leads to customer dissatisfaction and loss of the artist’s credibility if both images of artworks are shown on social media, as has been the case.

Any artwork placed for sale on the Kuoni Creative website must be listed as ‘original’ (a one-off) or a ‘limited edition print’. Limited edition prints must have a maximum edition number of 100, with each print assigned a consecutive number in line with their production order, clearly marked on the front of the piece.

All artworks and prints must be signed by their creator.

Your acceptance of the Terms and Conditions of Use means that you agree and acknowledge that you are solely responsible for any artwork content you upload to our website.

Works can be sold framed or unframed. This will need to be clearly stated in the item’s description or title.

We reserve the right to reject and remove any artwork from our website if it contravenes our standards, namely the following:

  • If it is found to be obscene or pornographic
  • If it is offensive, including imagery that is discriminatory, considered degrading to others, such as racist or homophobic, or incites hatred.
  • If there are copyright issues whereby there is infringement, misappropriation or violation of a third party’s patent, trademark or copyright, moral rights, trade secret, or other intellectual property rights.
  • If it is found to infringe rights of publicity or privacy, or result in the violation of any applicable law or regulation.

All submitted work to the website must be a true representation of the piece, complete with exact sizing measurements and an accurate and truthful description.

If any submissions are found to be misleading, misrepresentational or inaccurate, such as description of materials used, quality, sizing and so on, the listing can be removed unless immediately rectified. Where an issue such as this has been discovered after an artist’s work has been sold and shipped, the work will be returned to the artist with shipping paid for solely by the artist, and a full refund given to the purchaser.

You have sole responsibility to comply with Australian Tax Laws when selling your work on our website.

Prices stated in each of your artworks listings must be of a reasonable value, and reflect the value of the similar artwork when offered for sale via other avenues if sold directly or as consignment.

Shipping and Shipping Guidelines

Shipping and shipping insurance costs will be added to the selling price of the art/products posted for sale in the online store. It is the responsibility of the purchaser to pay these shipping and handling costs.

In the case where an item is sent from the artist’s property, rather than from our gallery, the artist is responsible for packaging costs.

When packing art/products for delivery, please follow our handling and packaging tips, located on our website. Fulfil and post orders to comply with an immediate and prompt delivery time. Extra costs will be at the artist’s expense if delivery does not occur in a timely manner.

Failure to pack artwork securely and satisfactorily may result in art being damaged in transit. If damage occurs for this reason, customer return and refund costs will be solely at the selling artist’s expense.

Sold art/products and artist payment

You will be notified of the purchase of one of your pieces via an email sent to your nominated email address, once an order has been placed and paid in full. The artwork will then be listed as ‘SOLD’, alongside the product.

Art/products must be delivered within our recommended 10 day time frame. This can be extended if the customer is from a remote location.

It is your responsibility to remove or mark as SOLD any products you have listed on our site and sold by other means, such as market stall etc. This must be done immediately, to avoid customer disappointment, should an item remain listed, yet is unavailable.

You will receive payment, minus commission, via electronic funds transfer to your nominated bank account. This will occur once payment is finalised and delivered and on a once-a-month basis (end of month).

Refunds and Returns-

Kuoni Creative gallery does not offer a refund policy on the basis of change of mind.

If a product is found to be misrepresented in the artist’s description, ie not the size, quality or material described, the purchaser is entitled to a refund on this basis, with shipping costs falling to the responsibility of the artist.

If a product arrives damaged due to insufficient and unsatisfactory packaging, it is the responsibility of the artist to pay return shipping costs and to either send a replacement item (artist pays shipping) or refund in total. If the packaging was done by Kuoni Creative staff, Kuoni Creative will bear costs as described above.

Returns are not available for items damaged in shipment. These will be covered as part of the insurance attached to the delivery and the purchaser will be covered for any damaged art bought from our website.

Liability

Kuoni Creative is a gallery and retail store providing an online source for sales of art and products only.

As a user of our website, you assume full responsibility and risk for that use, including and without limitation any of the content or information contained therein. Kuoni Creative accepts no responsibility for failure to comply with our Terms and Conditions of Use where such failure is due to circumstances beyond its reasonable control.

Privacy and Security

By becoming a member of Kuoni Creative gallery, by registering to sell your work and upload your images onto our website, you are giving permission to Kuoni Creative to use your name and images, royalty free and without pay, for the purpose of promoting you, your art/products and Kuoni Creative.

Your personal information and uploaded images will not be sold for use by us to any other organisation or website.

All content on our website has the copyright protection of either Kuoni Creative or yourself. Any content cannot be downloaded or used without written permission from Kuoni Creative or the person who created the work.

General

  • As a user of the Kuoni Creative website and service, you accept that no guarantee can be given where uploads to this website will be protected against loss, or misuse, or alterations by third parties.
  • Kuoni Creative cannot guarantee that our website is free from errors or viruses. It is the user’s responsibility to ensure they are not exposed to viruses, Trojan horses or any other code of a destructive manner.
  • As a user of our website, you also acknowledges that the site may be affected by faults, outages and delays, including but not limited to technical difficulties with the performance or operation of our or another person’s software, equipment or systems, internet issues such as technicalities or traffic, or infrastructure failures. We cannot guarantee that your use of our site will be uninterrupted.
  • Kuoni Creative is not obliged to be involved in any claims that may arise from disputes between members and users of our website, including possible disputes between artists and purchasers, purchasers and purchasers, as well as artists and artists.
  • Kuoni Creative does not accept any responsibility for any loss or damage, however caused, including through negligence, that our website users may directly or indirectly suffer in connection with that use or through any linked website.
  • Kuoni Creative does not accept any responsibility for any such loss arising out of a user’s use of or reliance on information contained on or accessed through our website.