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 Policy, Shipping 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
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
- 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).
- 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.
- 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
- 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.
- 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.
- 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.
- The language of the arbitration is English.
- The decision of the arbitrator will be final and binding on the parties.
- 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 party’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation; or
- 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:
- 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
- Bluethumb’s 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:
- 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;
- 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
- 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. |
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:
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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
Digital Art Requirements
Photography Requirements
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.
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 artist's 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.
Mediums not accepted on Bluethumb
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:
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.
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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; 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. Where Artists list prints on Bluethumb, or engage in Bluethumb's Print on Demand service they authorise Bluethumb to reproduce the image for sale and licensing purposes. Bluethumb is authorised to market these images on Bluethumb and with external parties and will pay the Artist a royalty for such sales. |
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. |
Shipping and Delivery:
Promotions Discounts:
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At Bluethumb, we take the utmost care in handling and delivering artworks. Please review our shipping and insurance terms below:
From time to time, Bluethumb may run sales, offer site-wide promotions, or offer discounts to specific collectors. Bluethumb reserves the right to run promotions up to a maximum of 20%. 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. Promotional discounts do apply to framing up to 15%. Please note that discounts do not apply to commissions, retrospectively to past orders, or sales using Bluethumb Layby payment methods. Nor can discount codes be combined or used in conjunction with any other promotion or discount. |
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:
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Bluethumb Layby |
By accepting Bluethumb's Ts Cs, you agree to the possibility of purchasers using Bluethumb layby payment plan for purchasing artwork. Promotional discounts of any kind (includiung Artist lead discounts) can not be used in conjunction with Bluethumb Layby payment plans. How it works:
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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 the 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:
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: | 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: | ||||||||||||||||||
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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
Enter To Win $1,200 Art Splurge: 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 draw to win 1x Bluethumb $1,200 art credit prize - drawn randomly using software every 3x months - and to be used only for the purchase of art on Bluethumb.
- The value of the Bluethumb art credit (Art Splurge) is AUD1,200 for people signing up on bluethumb.com.au or USD1,200 for people signing up on bluethumbart.com using the popup
BLUETHUMB VALENTINE’S DAY GIVEAWAY
How to enter:
We're giving 2x people the chance to WIN a Small Pleasures artwork of their choice from a selection of 5x framed 25cm X 25cm works by Bluethumb Artists Andria Beighton and Madeline Ryan.
How to enter:
- Simply enter your name and email into the Giveaway landing page in Bluethumb’s Instagram bio during the entry period 14 February, 2025, 2pm - 21 February, 2025, 2pm.
Major prize:
WIN one of 2x Bluethumb Small Pleasures artworks. Winners can select their favourite artwork from a small selection of unlisted works by Andria Beighton and Madeline Ryan. The works are 25cm X 25cm, in natural timber frames. Prizes are non-refundable and non-exchangeable for any alternative prize (including cash).
Prize draw:
2x prize winners will be drawn at random using software on February 21, 2025. The verified winners will be informed via email on February 24, 2025. Bluethumb's decision is final and no correspondence will be entered into.
Eligibility:
Australian residents only aged over 18 years old, excluding Bluethumb Art employees and their families. By entering into the Giveaway, you give permission to receive recurring email and text marketing messages from Bluethumb (opt-out at any time).
Unforeseen circumstances:
In the event of unforeseen circumstances, Bluethumb Art reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions without notice.
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BLUETHUMB FLASH SALE FEBRUARY 2025 TERMS CONDITIONS
Sitewide sale starts 12:00am AEDT Tuesday 25/2/2025
Sitewide sale ends 11:59pm AEDT Sunday 2/3/2025
Sale is scheduled to run for a duration of 6 days, although Bluethumb reserves the right to extend the sale period without notice to take advantage of increased buying demand.
Checkout using code FLASH10 for 10% off any cart value.
Checkout using code FLASH15 for 15% off a total cart value of $1,500 or over.
Sale discount codes cannot be combined with other discounts or promotional offerings.
To be eligible for the discount the order must be placed through the site during the sale dates, discounts can not be retrospectively applied to past orders. Nor can higher discounts be retrospectively applied to orders.
Discount codes will auto-apply at checkout between the sale dates. In cases where alternative discount codes are provided, it is the responsibility of the buyer to manually remove and enter these codes at checkout.
In addition, these sale discount codes and values override the 10% Artist Sale feature for the duration of the Bluethumb Flash Sale February 2025. They cannot be combined.
Sale applies to all artwork listings on site, as per the Bluethumb Membership Agreement.
Sale is open to all buyers using their preferred payment method, excluding Bluethumb Layby.
Sale discounts apply to framing for artworks listed on bluethumb.com.au only, and framing must be added to the order before checking out to qualify.
Sale discounts do not apply to commissions.
Sale discounts do not apply to Bluethumb Digital artworks.
Sale discounts do not apply to reproduction prints (Print On Demand) artworks.
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BLUETHUMB FLASH SALE FEBRUARY 2025 TERMS CONDITIONS ‘ARTISTS SUPPORTING ARTISTS’ ARTIST COMPETITION
Spread the word and WIN a 1 of 5x $350 Bluethumb Advertising Campaigns, to be managed by Bluethumb.
Our February 2025 Flash Sale event is a great opportunity to support Bluethumb, and your fellow Bluethumb artists, by sharing the sale details across your social networks.
All Bluethumb artists with at least 1x artwork currently listed for sale are eligible to enter:
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Simply use our Flash Sale Canva template to create and share a personalised sale image on your public Instagram feed
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Tag @bluethumbart and hashtag #artistssupportingartists so we can find it
The more you share, the more you support Bluethumb and all Bluethumb artists, though each participating artist is eligible for one entry only.
Canva templates will be emailed to active Bluethumb artists once the sale event commences.
Winner drawn at random using software, from a list of artists who accessed the Flash Sale Canva template linked in Bluethumb artist sale announcement emails.
The verified winner will be informed via email on Wednesday 5/3/2025 and must show proof of posting.
Competition is open to all Australian Bluethumb artists currently active on bluethumb.com.au
Bluethumb's decision is final and no correspondence will be entered into.