MLC Art Enterprise- Our Online Gallery

Terms and Conditions for Display and Sale through the MLC Art Enterprise – Our Online Gallery.

 

1. Purpose

Our Online Gallery Website is set up and managed by MLC Art Enterprise to provide MLC Community Artists a platform to display and sell their original artwork to the MLC Community and the public.  These Terms and Conditions will apply to any MLC Community Artist whose artwork is accepted for display on the Website.

 

2. Definitions

MLC Art Enterprise -Our Online Gallery is a Website for our MLC community artists to sell original artworks online.
MLC Art Enterprise is the agent for artists to display and sell artworks through the MLC Art Enterprise –our online gallery.
MLC Community Artists includes all artists that currently are or have been parents, students and staff at Methodist Ladies’ College, Claremont.
MLC means Methodist Ladies’ College, Claremont, Western Australia.
MLC Art Collection Committee means the committee responsible to oversee the purchases of artworks for the College.
College means Methodist Ladies’ College, Claremont, Western Australia.
Seller means the original and actual artist of the artwork.
Buyer means the person purchasing the artwork online.
Artist means MLC Community Artist

 

3. Submission of Artwork

Subject to these Terms and Conditions, MLC Art Enterprise accepts submissions of artwork from MLC Community Artists working across a broad range of media.

These include:

  • Painting
  • Printmaking
  • Sculpture
  • Jewellery
  • Ceramic
  • Drawing
  • Photography
  • Textile

All artworks submitted for display on Our Online Gallery, must be the original work by the artist.

The Seller must be the original and actual artist of the artwork.

Each artwork may only be submitted to Our Online Gallery using our online submission form for each piece of artwork. Artwork will only be accepted in accordance with the terms and conditions of the submission form and if then accepted, uploaded in accordance with details on the submission form.  MLC Art Enterprises reserves the right to reject for display on Our Online Gallery any artwork which in the sole discretion of the MLC Art Collection Committee, is considered pornographic, unlawful, indecent, inappropriate or otherwise unsuitable for display on Our Online Gallery.

All artwork must be submitted as an image, with size, medium and quality of the artwork clearly described. 

 

4. Prices of Artworks

All prices of artwork are at the discretion of the Seller.

All prices must be in Australian dollars and include GST.

All prices must include the 25% commission charged by MLC Art Enterprise (further referred to in clause 5 below).  Prices do not include delivery or insurance of the artwork unless otherwise stated by the Seller.

 

5. Commission payable by the Seller

MLC Art Enterprise will charge the Seller a 25% commission on the price of each artwork sold through the Our Online Gallery Website. These proceeds after defraying of Website operating costs, will be used for future purchases of artwork, artist residencies and other art related activities for MLC at the discretion of the MLC Art Collection Committee. Such purchases may be made after liaising with members of the MLC Community in appropriate circumstances.

 

6. Online Sales

Artworks displayed on Our Online Gallery, may be purchased online by a Buyer using only the online ordering system. MLC Art Enterprise accepts MasterCard and Visa. A 1% surcharge will be added to each online purchase.

Confirmation of a purchase will not be sent to either the Buyer or Seller until payment in full has been received from the Buyer by Our Online Gallery.

 

7. Delivery of artwork to Buyer

Once confirmation of a sale has been sent to both Buyer and Seller, an online delivery form will be sent to the Seller.

MLC Art Enterprise will not enter into any negotiations nor accepts any responsibility regarding the delivery of purchased artwork to a Buyer. MLC Art Enterprise only acts as an agent to the point a sale is made and the price is paid to MLC Art Enterprise.  However, MLC Art Enterprise, in its discretion may forward online correspondence made through the delivery form to both the Buyer and the Seller.

All transport and delivery including any additional costs such as insurance must be negotiated between the Seller and the Buyer.

All artwork must be delivered to the Buyer within 30 days of purchase.

The Seller must take appropriate precautions for the delivery of the artwork sold to the Buyer, including ensuring that any artwork delivered by mail or courier is adequately receipted by the Buyer

 

8. Payment to the Seller

MLC Art Enterprise will pay the Seller the amount specified on the submission form less the 25% commission retained by MLC Art Enterprise.

This net amount will be paid to the Seller 40 working days after the artwork has been received by the Buyer.

The Seller must remit the GST to the Australian Taxation Office on any monies paid to the Seller by MLC Art Enterprise and if also required by law, on any costs incurred on returns or refunds.

 

9. Returns and Refunds

Any artwork that does not represent the quality as described by the Seller in the online submission form may be returned by the Buyer to the Seller.

For that purpose, an online return form outlining quality discrepancy must be completed by the Buyer and submitted to MLC Art Enterprise within 48 hours of sighted delivery. MLC Art Enterprise will forward that form to the Seller.

The artworks must then be returned within 5 working days from the date the online return form is submitted, MLC Art Enterprise unless otherwise agreed between the Buyer and the Seller.

Return and/or delivery costs incurred with the return of an artwork, must be met by the Seller or by agreement between the Buyer and Seller. If artwork is returned in accordance with this process and timetable, MLC Art Enterprise will refund the price without deduction the Buyer.

MLC Art Enterprise is not responsible to the Buyer for the artwork purchased from the Seller nor for the return by the Buyer to the Seller of any artwork returned.  MLC Enterprises will not enter into any negotiations or a dispute between the parties if that should develop.

 

10. Artwork copyright

The Seller, as artist, retains copyright in the image of their artwork.

However, by ticking “yes” in the submission form under artist copyright, the Seller agrees that MLC Art Enterprise, MLC Art Enterprise-Our Online Gallery and MLC, are authorised to publish photographs or images at no cost or charge to them, of the artwork after sale.  Such publications will always acknowledge the artist, title of artwork and year of completion.

 

11. Website Copyright

The Seller acknowledges that MLC Art Enterprise owns the copyright contained in this Website, including text, graphics, logos, button icons, images, html code, as well as the manner in which this content is stored and/or arranged.

This content is protected under Australian and International copyright laws and any unauthorised use (including but not limited to reproduction, modification, distribution, transmission,) by you is strictly prohibited. The Seller is only entitled to use this Website in accordance with these Terms and Conditions with a limited licence to so use.

 

12. Trademarks

The Seller acknowledges that any logos or trademarks that appear on this Website are owned or licensed to MLC Art Enterprise and that the Seller will not do anything to prejudice the rights of MLC Art Enterprise as the trade mark owner or licensee.

 

13. Privacy

MLC Art Enterprise will treat all Seller and Buyer information with care and security. It may collect information about the Seller and Buyer such as name, email, delivery address, contact number, for the purpose of processing a purchase.

MLC Art Enterprise will not disclose any information about the Seller (as opposed to aggregated information that does not identify the Seller personally) with other parties without the Seller’s consent.

For further information please see the MLC Privacy Policy.

 

14. Application of Terms and Conditions

By accessing, using or browsing MLC Art Enterprise-Our Online Gallery, the Seller acknowledges that the Seller has read, understood and agree to be bound by these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you must immediately exit this Website.

You expressly agree that these Terms and Conditions will apply to every sale and purchase made via this website and contain the entire understanding between the parties.

These Terms and Conditions may be modified at any time without notice and any such modification shall be effective immediately. By the Seller’s access and use of this Website, the Seller agrees to periodically review these Terms and Conditions and to be bound by any such future modifications.