Terms & Conditions
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, which has offices in Adelaide, South Australia and Melbourne, Victoria, and offers Australian art to a global audience of art lovers and collectors.
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 (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 three sections:
Terms & Conditions of Agreement
Contact & Acknowledgement
|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.|
|Service Region:||Bluethumb services and ships within the Australian community and globally, including (but not limited to) the USA, 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 unauthorised 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.|
Bluethumb aims to promote hand-made, original artworks and only allows digitised or electronically produced or enhanced mediums, such as photographs or other works created and/or modified by a computer, on a discretionary basis.
Artworks may include drawings, watercolours, paintings, mixed media, ink works, etc.
Photography is not permitted on Bluethumb, with the exception of photography artists who have obtained approval from Bluethumb. Their approved artworks will be shown on https://bluethumb.com.au/photography.
Fine art photographers may apply here for approval.
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.
Users posting content on the Bluethumb site must not infringe any copyright and/or intellectual property rights of any person, entity, organization, trademark or other. Users must not misrepresent content, including artwork for sale, in the picturing and description of that content.
All live artwork listings, that are available to be purchased must be available for sale and physically exist. Listings that are "Commission Me" or "Commission Something Similar" will be removed permanently from 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 Australian Dollars (AUD) or US Dollars (USD). 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.
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 agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the art. This may include GST and other transactional taxes.
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 art together with any potential interest or penalties that any tax authority may levy as a result of non-compliance.
If you have an Australian Business Number (ABN) you may submit your ABN to the website where requested. If you do not have an ABN, or if you elect not to submit your ABN to the website, you will be required to provide more information about the circumstances under which you are offering your art for sale on the website, including whether any of the Australian Taxation Office (ATO) exemptions apply to you. If this is not provided you permit Bluethumb in its capacity as agent to withhold the highest rate of tax (currently 47%) from any payments due to you.
You are required to notify Bluethumb if you are registered for GST, as such any payment price set by you will be inclusive of GST. Bluethumb will issue a tax invoice on your behalf and will ensure any copies of the invoices will also be sent to the artist. By using the Bluethumb platform to sell art you agree that you will not issue an invoice to the member seperately.
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:||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.|
|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.|
Including your work in promotions:
From time to time Bluethumb may run sales and promotions sitewide or to specific collectors. If your art is sold during this promotion a discount is applied by bluethumb to your listed artwork of 10 to 15%. The discount is designed to run special campaigns 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 bluethumb and artists. If a promotional discount code is redeemed, the discount will be deducted from the total price of the artwork and the usual 67/33 split will then be calculated. This means that you as the artist and bluethumb will share the discount.
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.
|Zip and Afterpay||
By accepting Bluethumb's Ts & Cs, you agree to and accept the possibility of purchasers using Afterpay or Zip, an interest-free 'buy now, pay later' payment plan for purchasing artwork and sharing their commission fee with Bluethumb.
How it works:
By accepting Bluethumb's Ts & Cs, you agree to the possibility of purchasers using Bluethumb layby payment plan for purchasing artwork.
How it works:
|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:
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:|
INVITE YOUR FRIENDS "CREDIT"
- Credit accrued cannot be exchanged for cash
- Credit accrued expires in 12 months if not used
- Credit accrual policy can be changed or cancelled at Bluethumb's absolute discretion.
|No. friends that buy||Total credit you'll receive||Individual referral value|
THE ONE AND ONLY IVAN > WIN AN IVAN PORTRAIT > COMPETITION TERMS & CONDITIONS
- This competition is open to residents of Australia except employees of Bluethumb, The Walt Disney Company (Australia) Pty Limited (“Disney”) and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
- There is no entry fee and no purchase necessary to enter this competition.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- Multiple entries will be accepted per person.
- The competition will commence 12:00PM AEST Friday 21 August. Closing date for entry will be 12:00PM AEST Thursday 3 September. After this date the no further entries to the competition will be permitted.
- No responsibility can be accepted for entries not received for whatever reason.
- The rules of the competition and how to enter are as follows:
- Follow the Bluethumb @bluethumbart and Disney+ Australia @disneyplusau pages
- Like the competition post on @bluethumbart
- Tag any friends you consider ‘your one and only’
- Prize winners will be drawn randomly
- The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
- The competition prize is as follows:
- 1x original portrait painting of Ivan from The One and Only Ivan by Bluethumb Australian artist Mia Laing > https://bluethumb.com.au/mia-laing
- 5x runner up prize winners will receive a copy of The One and Only Ivan book
- Winners will be chosen at random by software, from all entries received and verified by promoter and or its agents.
- The winners will be announced Friday 4 September on the @bluethumart Instagram page, tagged within the comments of the competition post.
- The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
- Entry into the competition will be deemed as acceptance of these terms and conditions.
- The Walt Disney company and each of their respective parent, affiliates and subsidiaries are not responsible for the promotion, administration or execution of this competition.