Terms & Conditions

OUR SERVICE 

Bluethumb acts as a service provider for artists looking to sell their artwork, and individuals interested in purchasing artwork, through an online art marketplace. This site is operated by Bluethumb Pty Ltd, an Australian company which is registered in Adelaide, South Australia who offers original art to a global audience of art buyers and collectors.

INTRODUCTION

Before you use the Bluethumb website you must read, agree with and accept all of these Terms and Conditions of Use, and Bluethumb's policies, including its Privacy and Security PolicyShipping Policy, Art Consignment and Sale Agreement and Refunds and Returns Policy. These policies change from time to time, and they form part of these Terms and Conditions of Use.

Bluethumb 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 (www.bluethumb.com.au) .  If at any time these Terms and Conditions of Use are no longer acceptable to you, you should immediately cease use of the Bluethumb website.

If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use the Bluethumb website. 

These Terms and Conditions of Use are separated into four sections:

Governing law and jurisdiction
Definitions
Terms & Conditions of Agreement
Contact & Acknowledgement

Also read:

Bluethumb Membership Agreement


GOVERNING LAW AND JURISDICTION

This agreement and all claims relating thereto is governed by the laws of South Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of South Australia (including the Federal Court of Australia and courts entitled to hear appeals from such courts). The parties irrevocably waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.


Dispute resolution

Business Days means a day (other than a Saturday, Sunday or public holiday) when banks in South Australia are open for business (to be inserted in definition section of T&Cs).

Proceedings If any dispute arises in relation to this agreement, including in relation to its interpretation or any aspect of its performance, no party may commence any form of legal proceedings, unless and until the parties have complied with the procedures set out in this "dispute resolution", except where a party seeks urgent interlocutory relief or the dispute relates to compliance with this "dispute resolution".

Notice of Dispute If any dispute arises in relation to this agreement, either party may give written notice (Notice of Dispute) to the other party claiming that a dispute has arisen, specifying the nature of the dispute, and request that a meeting be held between one duly authorised representative of each party within 10 Business Days.

Meetings between authorised representatives If a party receives a Notice of Dispute from the other party in accordance with clause "Notice of Dispute", that party, and the party that gave the Notice of Dispute, must cause an authorised representative to attend at the meeting referred to in that notice, which may be held by contemporaneous linking by telephone or live audio visual transmission (or similar).

Dispute resolution and mediation If the parties have not resolved the dispute within 20 Business Days of the meeting referred to in the dispute resolution (or such further period as agreed in writing by them), the parties must mediate the dispute, which must be conducted in Melbourne (or as agreed in writing between the parties), in accordance with the Australian Centre for International Commercial Arbitration Limited (ACICA) Mediation Rules (in operation from time to time) by the ACICA, except where they conflict with this dispute resolution in which case this dispute resolution will prevail.

Appointment of mediator

  1. If the parties are required by the dispute resolution process to mediate the dispute, ACICA will appoint the mediator unless the parties agree on a mediator (Mediator).
  2. The role of the Mediator is to assist in negotiating a resolution of the dispute.  The Mediator may not make a decision that is binding unless the disputing parties otherwise agree in writing.
  3. The costs of the Mediator must be paid equally by the disputing parties but otherwise each disputing party must pay their own costs of the mediation.

Arbitration

  1. If the dispute is not resolved within 20 Business Days after referral to the Mediator,  either party may by written notice to the other refer the dispute to arbitration administered by the ACICA.
  2. The arbitrator must be selected from a panel suggested by ACICA.  The parties must ask ACICA to appoint the arbitrator if they cannot promptly agree on who it should be. 
  3. The arbitrator must be an independent person and may not be the same person as the mediator appointed under clause "appointment of mediator".  The arbitration must be conducted in accordance with, and subject to, the ACICA Arbitration Rules which are operating at the time the dispute is referred to ACICA and must be held in South Australia, Australia, unless otherwise agreed by both parties.  The number of arbitrators will be one. 
  4. The language of the arbitration is English.
  5. The decision of the arbitrator will be final and binding on the parties. 
  6. This arbitration agreement is governed by the laws of South Australia, Australia. 

Injunctive relief

Nothing in this dispute resolution prohibits a party from seeking injunctive relief from a court of competent jurisdiction if a breach or prospective breach of this document by the other party which would cause irreparable harm to the first party.

Total Liability 

(under disclaimer and just above to the extent permitted by law..)

Nothing in these terms and conditions shall limit or exclude the either partys liability for:

  1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
  2. fraud or fraudulent misrepresentation; or
  3. any other losses which cannot be excluded or limited by applicable law, including but not limited to the Australian Consumer Law (has the meaning given in the Competition and Consumer Act 2010 (Cth)).

Subject to Condition above:

  1. Bluethumb shall under no circumstances whatsoever be liable to the Purchaser/Customer/Artist, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this agreement; and
  2. Bluethumbs total liability in aggregate to [Purchaser/Customer/Artist] in respect of all other losses arising under or in connection with this contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the listed sale price of the Artwork.


Severability

If any provision of this agreement is determined by a court or other competent tribunal or authority to be illegal, invalid or unenforceable then:

  1. where the offending provision can be read down so as to give it a legal, valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; 
  2. where the offending provision cannot be read down then that provision must be severed from the document in which event, the remaining provisions of this document operate as if the severed provision had not been included; and
  3. the legality, validity or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction is not affected,

but only to the extent that is consistent with giving substantial effect to the intentions of the parties under this agreement.



DEFINITIONS

Artist Artist is defined as the person who created the original artwork, has the right to sell the artwork, and is selling the artwork via the Bluethumb website.
Purchaser Purchaser is defined as the person who has made a purchase on the Bluethumb website through an online payment.
Member Member is defined as any person who has created an account on the Bluethumb website, whether they are an Artist or a Purchaser.
User User is defined as any person, member or not, who browses or uses the Bluethumb website for any purpose.
Content Content is defined as data, text, images, usernames, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by Bluethumb or a member of the website.
Artwork Artwork is defined as any piece of original work that is offered for sale on or sold via the website.
Copyright Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer to the information sheets on Artists Copyright, Infringement, or the Copyright Act 1968. 
Original Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies and reproductions are not considered original for the purposes of these terms and conditions. Prints (photography and electronically altered works must be approved by Bluethumb before listing) must be limited editions, numbered and signed by the artist. Copyright must belong to the creator of an artwork in order for it to be considered original.
NFT A non-fungible token established on a blockchain.



TERMS CONDITIONS OF USE

Service Region: Bluethumb services and ships within the United States of America (USA), Australian community and other regions (including but not limited to) the UK, Europe and Asia.
Age and Responsibility: The user represents and warrants that they are of sufficient legal age to use the Bluethumb website and to create binding legal obligations for any liability they may incur as a result of the use of the Bluethumb website. The user agrees to be responsible for all of their use of the Bluethumb website (as well as for use of their username and password(s) by others, including without limitation, minors living with them). The user agrees to supervise all usage by minors of the website under their name or account.

Unauthorised Use:

The Bluethumb website must not be used for any illegal or unauthorized purpose. The Bluethumb website must not be hacked and/or any adaptations made to any aspect of the website. Posting of advertisements or links to any other websites, including but not limited to social networking sites, is not allowed without express written permission from Bluethumb.

Acceptable Content:

 

Bluethumb accepts Original hand-made artwork by Australian based Artists.

Bluethumb aims to promote hand-made, original artworks and only allows specialisation mediums such as Photographs, Digital Art and Sculpture on a discretionary basis.  To list and sell any of these specialisations on site, the artist must submit an application and be pre-approved before doing so. All artist approvals are at the discretion of Bluethumb.

Bluethumb is not accepting AI generated artwork.

Artists wanting to list photography, sculpture or digital art must submit an application  here for approval.

Sculpture Requirements
  • All sculpture is subject to an approval process. Any artists found to be listing sculptures that have not been approved, may be deactivated from Bluethumb. This may occur at any time without prior notice.
  • Artworks that are created of a three dimensional nature, consisting of form, shape and texture and of a fine art nature. Works must show creativity and clear consistency on quality.
  • The object has been hand crafted by the artist or created as part of a collaboration with other artist(s).
  • Any props or mounts that are essential to support the sculpture for display purposes should accompany the sculpture with sale.
  • No delicate pieces, artwork must withstand the courier process and packaged accordingly.
  • Materials used are to be of artist grade quality, safe and stable.
  • Mediums such as fibre and fabric-based artworks will be accepted on the platform at the discretion of Bluethumb.
  • Sculptures sold on Bluethumb, should be suitable for an interior setting.
  • Outdoor sculptures will need to be of appropriate size and material as dictated by Bluethumb.
  • Any sculpture exceeding 10kg must seek approval before listing.
  • All oversized wall art of different media (eg metal, wood, etc) requires an application.
  • If approval is not met, artists may be liable for excess shipping charges.
  • All artist approvals are at the discretion of Bluethumb. Bluethumb reserves the right to decide on an application without providing feedback for any rejections.
  • If unsuccessful, a second application may be made after a 3 month period
    Digital Art Requirements 
    • Artworks that have been created using prominently digital technology (including digitally created graphic art, digital collages, digitally manipulated artworks etc.) 
    • Digital art does not include digital photography, but can include elements of digital photography within the creative process. Using a digital filter, or altering the levels within a photograph, does not qualify the work as digital art
    • Artists should show an accomplished level of creative ability and technique. 
    • Artists should clearly demonstrate a consistency in quality across all works. 
    • Artworks should be visually appealing, not essential but preferred. 
    • You are the original creator of the imagery or have the appropriate documented approval to use the imagery. 
    • Printed works should be of a good quality and printed on a recognised surface material. 
    • All digital art is subject to an approval process. Any artists found to be selling digital artworks that have not been approved, may be deactivated from Bluethumb. This may occur at any time without prior notice. If concerns are raised on AI elements of your work you may be required to supply proof of creation (such as work in progress shots or videos).
    • If an application has not been submitted, Bluethumb will seek an application including examples of works the artist wishes to sell. All digital works will be removed from site during the application process and placed into artist drafts or artist account deactivated until application review is complete. 

    Photography Requirements 

    • Artworks that have been created using prominently photographic technology (including but not limited to analog/digital cameras) 
    • The artwork is predominantly photographic in nature. Digital elements can be used within the creative process to enhance or edit the work, but do not override the photographic media.
    • Artists should show an accomplished level of creative ability and technique. 
    • Artists should clearly demonstrate a consistency in quality across all works. 
    • Artworks should be visually appealing, not essential but preferred. 
    • You are the original creator of the imagery or have the appropriate documented approval to use the imagery.
    • Printed works should be of a good quality and printed on a recognised surface material. 
    • All photographic art is subject to an approval process. Any artists found to be selling photography that has not been approved, will be deactivated from Bluethumb. This may occur at any time without prior notice. 
    • If concerns are raised on your creative practice you may be required to provide proof of creation (such as copies of original images)
    • If an application has not been submitted, Bluethumb will seek an application including examples of works the artist wishes to sell. All photographs  works will be removed from site during the application process and placed into artist drafts or artist account deactivated until application review is complete.

      If artworks are framed, they must be packaged extremely carefully and labeled as fragile.  Artworks must be photographed as framed if they are framed, or unframed if they are not.  


      Artworks must be unique or sold as one in a series of limited edition artworks and clearly titled so (eg. "My Artwork ed. 2 of 10").

      If concerns are raised over the authenticity of the creative process, Bluethumb may request proof of creation through work in progress shots, or other valid evidence. If proof can not be provided, the artists account may be deactivated

      Unacceptable Content:

      Users posting content on the Bluethumb site must not infringe any copyright and/or intellectual property rights of any person, entity, organisation, trademark or other. Users must not misrepresent content, including artwork for sale, in the picturing and description of that content.

      Bluethumb does not accept content that is obscene in any way, pornographic, indecent, inflammatory, defamatory or racist to any person or group of people. Artistic nudes are accepted at the discretion of Bluethumb.


      A physical work must be listed - we do not accept digital download or digital file listings.The content posted on the Bluethumb website must not be fraudulent or illegal in any manner nor contain viruses, Trojan horses, worms, or any other programming that may interfere, disrupt or corrupt the smooth operations of the entire Bluethumb website, including all databases.

      Bluethumb encourages all users to the site to report any inappropriate content via the Contact Us page. Bluethumb will not manually screen all postings and therefore welcomes the assistance from the Bluethumb community where possible.

      Bluethumb has the right, but has no obligation to, remove any content posted at its absolute discretion. Bluethumb does not condone the posting of inappropriate content and makes a concerted effort to remove such content as soon as possible.

      Any unlawful, misrepresented or offensive content posted on the website is the sole responsibility of the user/member that posts such content.

      Users of the site understand that exposure to inappropriate content may occur and browsing of the website is at the user's own risk.

      Mediums not accepted on Bluethumb 

      • Surfboards
      • Snowboards
      • Skateboards
      • Furniture
      • Jewellery
      • Clothing
      • Dinnerware/tableware including cups and plates etc. 
      • Homewares including cushions, tea towels etc. 
      • Clocks
      • Rugs and Carpets 
      • Greetings cards
      • Digital files or downloads of artwork 
      • AI generated/created images 
      • Repurposed/Upcycled items 
      • Biosecurity or DCCEEW restricted items (e.g. untreated wood, untreated feathers, or any products containing plants or animal derivatives that are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)). 

      Artists agree to respect Bluethumb marketplace and not attempt to direct traffic away from Bluethumb to make personal contact or sales outside of Bluethumb. This includes not posting information in artist profiles or artwork descriptions which include:

      • Personal websites and/or email addresses
      • Personal social media accounts on platforms such as Facebook, Instagram, Twitter, Pinterest, Tumblr etc
      • Mentioning gallery representation and/or other establishments where works can be purchased.
      • Comments intended to encourage direct contact outside of Bluethumb such as "visit my Facebook account or personal website to see more of my artwork".
      • Watermarks on profile images, cover images or artwork images that are not in the bottom left or right corner of the artwork image and contain more information than the copyright symbol and the artist's first and last name.
      • Where a buyer enquiry has been made through Bluethumb, the Artist agrees to complete the transaction with that User through Bluethumb. 

       

      Artists that have no available works for sale on Bluethumb will have their account put on a temporary hold. It is the artist's responsibility to get in contact with Bluethumb when they are ready to upload more work available for sale. 

      Prices Sales practice:

      All prices shown on the Bluethumb website are in either US Dollars (USD) or Australian Dollars (AUD). Prices of artworks shown on the Bluethumb website are set at the discretion of the Artist. All artwork prices displayed on Bluethumb must be equal to, or lower than artwork offered for sale elsewhere. This means Artists explicitly agree to not price artwork listed on Bluethumb at a lower price on personal websites, exhibitions, other online galleries marketplaces. By using Bluethumb, Artists are required to complete all sales on Bluethumb which come from a Bluethumb lead. This includes studio visits as organised by Bluethumb, artist to collector introductions, Bluethumb initiated exhibitions and leads to an Artist directly eg via social media where buyers are known to have discovered the artist via Bluethumb. Best practice for artists who receive direct enquiries is to ask where the potential buyer discovered their artwork. In cases where the buyer advises Bluethumb then the artist should direct the buyer to complete the transaction on Bluethumb. All discussions between artists and buyers on Bluethumb (eg direct chat) bind artists to concluding the sale or resulting commission on Bluethumb. In any scenario where the sale concludes off site by accident or deliberately the artist is required to pay Bluethumb the full commission component.

       

      Taxation responsibility:

      Bluethumb will collect and remit sales taxes on your behalf where required by applicable federal or state taxation laws or regulations. However, if Bluethumb is not required by applicable federal or state taxation laws or regulations to collect and remit sales taxes:

      (a) Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this User Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the merchandise. This may include sales tax, other transactional taxes and income taxes;
      (b) Bluethumb will not collect or pay taxes on your behalf as Bluethumb is merely acting as an agent in facilitating the sale of your product to the customers. You authorize Bluethumb to deduct the base amount (which includes Bluethumb's margin for facilitation services, including tax where applicable) from the sales proceeds for your artwork before distributing your margin (which will include tax where applicable). The amounts distributed to you will be deemed to be inclusive of any taxes, if applicable. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your Products together with any potential interest or penalties that any tax authority may levy as a result of non-compliance; and
      (c) all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.

      For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.

      Trademark: The Bluethumb logo is a trademark of Bluethumb. Use of the Bluethumb logo is not authorised without express written permission from Bluethumb.
      Copyright: All content on the Bluethumb website is copyright of either Bluethumb or the Artist. Content must not be downloaded or used without express written permission from Bluethumb, or the Artist where the content is their own work.

      The Artist retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser. If the Purchaser wishes to reproduce the Work, this must be separately negotiated with the Artist.
      Refusal Termination of Service: Bluethumb reserves the right to refuse service to anyone at any time and at its absolute discretion. Bluethumb reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.

      Bluethumb reserves the right to terminate the Bluethumb service at any time and at its absolute discretion without prior notice.

      Upon termination, any rights granted by the Artist to Bluethumb under this agreement immediately revert to the Artist.
      Warranties: Bluethumb offers an "as is" service. Bluethumb does not supply any warranties in relation to content represented on the Bluethumb website.
      Disputes Release Jurisdiction: Bluethumb is released from any claims arising from disputes between users and members of the website, including disputes between Artists and Purchasers, between Artists and Artists, and between Purchasers and Purchasers.

      Jurisdiction. These Terms will be governed by the laws of the State of South Australia (Australia) without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state court or arbitration located in South Australia.
      Liability: The user assumes all responsibility and risk for use of the Bluethumb website including and without limitation any of the content or information contained therein. Bluethumb accepts no liability for any failure to comply with these Terms and Conditions of Use where such failure is due to circumstances beyond its reasonable control.

      Promotions Discounts:

       

      From time to time Bluethumb may run sales, site wide promotions or offer discounts to specific collectors. If your art is sold during a promotion or with a specific discount, this is applied by Bluethumb to your listed artwork of up to 15%. These discounts are designed to run special campaigns or offers that will generate even more engagement with our buyers and increase your exposure. The discount also allows greater integration with industry buyers such as interior designers, encouraging them to work with both Bluethumb and artists. If a promotional discount code is redeemed, the discount will be deducted from the total listed price of the artwork and the usual commission split will then be calculated. This means that you as the artist and Bluethumb will share the discount comparative to the commission split agreed. Note, promotional discounts do not apply to framing, commissions, retrospectively to past orders, or sales using ArtMoney, Afterpay or Bluethumb Layby payment methods.

       

      ArtMoney:

      By accepting Bluethumb's Ts Cs, you agree to and accept the possibility of purchasers using ArtMoney, an interest-free loan for purchasing artwork and sharing ArtMoney's 10% commission fee with Bluethumb.

      How it works:

      The purchaser pays a minimum 10% deposit upfront and pays the remaining funds to ArtMoney over an agreed period of time in monthly instalments.

          • The purchaser pays a minimum 10% deposit upfront and pays the remaining funds to ArtMoney over an agreed period of time in monthly instalments.
          • Once the transaction is confirmed, which usually takes 3-6 working days, the funds are paid to Bluethumb and the order is confirmed and can be dispatched.The artists get paid in the normal time frame as a standard transaction done with credit card or PayPal. 
          • ArtMoney charges 10% of the total artwork value as commission. They do this by deducting their commission from the payment to Bluethumb. This cost will be shared by the artist and Bluethumb. In effect the artist has a 10% reduction in payout and Bluethumb has a 10% reduction in commission
          • It has the same effect as if a 10% coupon was applied to the sale
          • The usual Bluethumb returns policy does NOT apply (see "Returns Policy")
      Afterpay

      By accepting Bluethumb's Ts Cs, you agree to and accept the possibility of purchasers using Afterpay, an interest-free 'buy now, pay later' payment plan for purchasing artwork and sharing their commission fee with Bluethumb.

      How it works:

      • The purchaser uses Afterpay and takes out a loan directly Afterpay and repays them over time. 
      • Once the transaction is confirmed, which is (almost) immediate, the order is confirmed and can be dispatched.  The artists get paid in the normal time frame as a standard transaction done with credit card or PayPal. 
      • Afterpay charge a commission to the seller (which varies based on loan size). This commission is deducted from he payment made to Bluethumb. A 5% charge will be shared with the artists and result in a 5% reduction in payout to the artist. It has the same effect as if a 5% coupon was applied to the sale. 
      • The usual Bluethumb returns policy still applies.
      Bluethumb Layby

      By accepting Bluethumb's Ts Cs, you agree to the possibility of purchasers using Bluethumb layby payment plan for purchasing artwork.

      How it works:

      • The purchaser uses Bluethumb Layby on the orders page and confirms the order.
      • Once the transaction is confirmed, they pay in 4 equal fortnightly payments to Bluethumb (starting on the day of the order).
      • Artist holds the artwork for this period (8 weeks).
      • Once the full payment is received, the artwork is shipped out to the purchaser and artist is paid 7 days after delivery.
      • Our usual returns policy still applies.
      • Customers are limited to 3 active Bluethumb Layby plans at any one given time.
      • Failure to make payments by/on the installment date may result in the plan being canceled and the work being made available for sale again.
      Communication with Artists

      When communicating with an artist directly via Bluethumb, you, the collector, agree to be respectful and fair to the artist. If any participant is found to be abusive, Bluethumb reserves the right to intervene and discontinue the accounts of participants involved.

      Disclaimer: Bluethumb does not represent or guarantee that the Bluethumb service or the Bluethumb website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Bluethumb does not represent or guarantee that access to the Bluethumb service or these websites will be uninterrupted.

      The user acknowledges that the Bluethumb service or the Bluethumb website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of Bluethumb's or another person's software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

      Bluethumb does not warrant that any members' uploads to this website will be protected against loss or misuse or alteration by third parties. Bluethumb does not warrant that all uploaded content will be available on our website. If Bluethumb elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain time frame. Bluethumb reserves the right to cancel and refund any sale made through the Bluethumb website. 

      It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.

      Bluethumb does not accept responsibility for any loss or damage, however, caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user's use of or reliance on information contained on or accessed through this website.

      To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
      1. if the breach relates to goods:
        • the supply of equivalent goods;
        • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        • the payment of the cost of having the goods repaired; and
      2. if the breach relates to services:
        • the supplying of the services again; or
        • the payment of the cost of having the services supplied again

       

      This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

         



      CONTACT ACKNOWLEDGEMENT

      Contact: If you have concerns relating to the Bluethumb website or these Terms and Conditions of Use, please contact Bluethumb via any of the following means:
       
      Australia:  
      Email: [email protected]
      Phone: 1800 122 486  (AU residents only)
      Post: Bluethumb Pty Ltd
      330 Bridge Rd
      Richmond, Victoria 3121
      Australia
         
      USA:  
      Email: [email protected]
      Phone: 833-347-0279 (US residents only)
      Post: Bluethumb Pty Ltd
      3 E Evergeen Rd, Suite 101 PMB930
      New City, New York 10956
      United States

       

       


       Enter To Win $400 Art Voucher: Email Text Sign Up Promotion

      • People may sign up via a promotional popup visible on-site to receive recurring email and text marketing messages from Bluethumb.
      • The content of these messages vary though may include personalised cart reminders, newsletters, special offer or promotions.
      • By signing up, people will enter a monthly draw to win 1x Bluethumb voucher - drawn randomly using software - and to be used only for the purchase of art on Bluethumb.
      • The value of this voucher will be AUD400 for people signing up on bluethumb.com.au or USD400 for people signing up on bluethumbart.com

       

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      MINI ARTWORK INSTAGRAM GIVEAWAY

      Share to WIN one of 2x mini artworks.
      How to enter:
      1. Follow Bluethumb on Instagram @bluethumbart
      2. Tag a friend in the comments section of the Giveaway post, and share to your story.
      Prize: One of 2x mini (25cm x 25cm) framed artworks by Bluethumb artists Jen Shearing (1x) and Andria Beighton (1x).
      Eligibility: 1 comment tagging another account = 1 entry (duplicate comments not accepted). Australian residents only aged over 18 years old, excluding Bluethumb employees and their families.
      Draw: 2x winners drawn at random using software and informed via Instagram DM on Friday 23/2/2024. Winners must be able to show PROOF OF POSTING (a screengrab is recommended).
      Bluethumbs decision is final and no correspondence will be entered into.