1. The Victorian Artists Society (ABN 75 004 046 824) (VAS, us, we, our) operates a platform allowing VAS members (Artist) to advertise their artwork (Art) to you via our platform at www.vasgallery.org.au (Site) or any other platform we may introduce in the future (together, the Platform).
2. Your access to and use of the Platform, including the purchase of Art is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (Terms of Use).
3. By using the Platform or the services, features or functionality offered through the Platform (Services) you agree to be bound by these Terms of Use.
SCOPE OF SUPPORT OF VAS SERVICE
4. VAS acts as an online marketplace and gallery only.
5. Apart from enabling you to identify potentially suitable Art supplied by the Artists, VAS accepts no liability for any aspect of you and Artist interaction, including the quality or description of the Art.
6. When a purchase is made through our Platform, a separate contract between the Artist and the Customer (Customer Agreement) will be formed. VAS will provide you with evidence of the purchase.
PAYMENT
7. The price of Art on the Platform is inclusive of GST.
8. Payment for orders of Art are made through third party payments platforms, Stripe and/or Paypal, VAS accepts payment for your order of the Art on the Artist’s behalf.
DELIVERY
9. The cost of delivery is not included in the price quoted for the Art (unless otherwise stated). The delivery costs will be determined upon you notifying us of your delivery address or instead informing us that you will collect the Art from our premises (if this option is available). If this option is selected, you are responsible for collection of Art within a reasonable time after purchase.
RETURNS
10. We cannot accept returns for change of mind, so please make your selection carefully. To the extent you have rights under the Australian Consumer Law in respect of goods and services, we will honour those rights to provide a refund, exchange or repair depending on the nature of the failure.
COPYRIGHT
11. Unless you have agreed otherwise in writing with the Artist, or to the extent otherwise set out in any applicable laws, the copyright in the Art remains with the Artist upon purchase.
DISCLAIMER AND LIMITATION OF LIABILITY
12. To the extent permitted by law, we have no liability under a Customer Agreement, which is between you and the Artist.
13. To the extent permitted by law, we have no liability for any representation made by an Artist, including for its accuracy.
VARIATION
14. If we make any variation to these Terms of Use, we will post them on our Site.
GENERAL
15. These Terms of Use are governed by the laws of Victoria, Australia. You and VAS submit to the exclusive jurisdiction of the courts of Victoria, Australia.
16. A failure by a party to exercise any right under these Terms of Use will not be considered a waiver of those rights.
17. The provisions of these Terms of Use are severable, and if any provision of these Terms of Use is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
18. These Terms of Use may be assigned or novated by VAS provided there is no material detriment to you.
19. These Terms of Use set out the entire understanding and agreement between you and VAS with respect to its subject matter.
Version November 2020