1 - OVERVIEW 

This Platform is operated by Artwork City Limited (“Artwork City”). Throughout the site, the terms “we”, “us” and “our” refer to Artwork City

By visiting our website you agree to be bound by the following terms and conditions (“Terms and Conditions”, and “Terms”).

Artwork City has complete discretion, to amend all or any part of these Terms and Conditions at any time.

2 - Definition of Terms

Artist - the person who conceptualised, worked on, and produced an Original Artwork, he/she has the right to sell, and/or the person or entity who is legally authorised to sell an Original Artwork, who has uploaded the Artwork via the Artwork City website for sale.

Artwork - is identified as any piece of original work or product that is offered for sale or sold on the Artwork City Website.

Client - the person who has used the services of Artwork City to purchase an Artwork via online payment.

Content - is referred to as any data, such as images, paintings, graphics, photos, drawings, Artworks, text, profiles, usernames, or links or any other information posted on the Artwork City website

Copyright - a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. (Copyright.gov).

Digital Artwork – Original digital drawings, graphic design or any computer manipulated digital image (e.g jpeg format).

Live Artwork – Original paintings, drawings, watercolors, mixed media, ink works, etc. to be shipped directly from the artist.

Member - any person who has created an account on the Artwork City website, whether they are an Artist or a Client.

Original - is a piece conceptualised, worked on and produced by an Artist, as opposed to reproduction, copy or imitation. Copies and reproductions are not considered original for the purposes of these terms and conditions. Artwork City can produce prints (for digital artworks and artistic photographs) with the agreement of the Artist, including number or limit of copies- with control numbers. Copyright should belong to the Artist of an artwork to be considered as an original.

Platform – The Artwork City website, the marketplace service offered by Artwork City, the Wall Viewer service.

User - any person (member or not), who visits or uses the Artwork City website regardless of purpose.

Wall Viewer – special feature of artworkcity.com where you can view art on your wall as it’s actual size and hear recorded voice from the Artist.

Words which refer to the singular include the plural and vice versa; and words importing one gender include the other genders.

1.2. How does our Market Place work?

Artwork City prides itself in selling quality wall hung artworks in New Zealand. The Platform provides an avenue for independent Artists to showcase their works to as many Clients as possible and to provide a hassle free bridge between artists and art lovers.

After Clients decide on what Artwork(s) to purchase, Artwork City provides a seamless way of transacting between the Client and the Artist.

Artwork City serves only as a marketplace between the parties that are mentioned. Accordingly, Artists and Clients agree that we cannot be held liable in anyway if a dispute happens between Artists and Clients.

1.3. What is our Wall Viewer?

Artwork City provides a real time visual representation of your actual wall space and potential Artworks that you can purchase using the site. Clients can follow the steps needed to upload their actual wall space. The Platform is designed to provide a variety of Artwork options that you choose from. Simply by swiping or clicking left and right, you can visualise how a chosen Artwork can look on your wall.

Actual size of the wall viewer function has a 3 cm +/- margin of error. The accuracy of the Artwork displayed on the wall viewer will depend on the real life measurements of both Artist and Client. Artwork City only bases the size on the information provided by the Users. Artwork City takes no responsibility for any loss incurred as a result of inaccuracies found on the wall viewer

Some of the unique features of the Wall Viewer are the voice recording function where an Artist is able to tell the story behind the art to enable a better connection with prospective clients. Clients are also able to use the Wall Viewer to post the wall they are designing on social media.

2. Artists

As an Artist, our marketplace allows you to upload your Artwork for sale in your own creative space, where you can tailor the experience for the Client through uploading a voice memo about the work. You will have full autonomy over your profile, where you will upload and price your own Artwork and upload your own refund, return/ exchange and shipping policy.

2.1. How do I sign up?

You just need to register via our website. Once we verified you are a legitimate seller we will approved your registration and you will have access to your own Artist dashboard. On your dashboard, you just need to connect your stripe account and upload your own refund, return/ exchange and shipping policy and you are good to go. Artwork City reserves the right to refuse to approve any Artist’s membership at their complete and unfettered discretion.

2.2. What information will I have to provide

Artist’s submission of personal information through the website is governed by our Privacy Policy.

Artwork City will ask for the following information:

- Full Name:

- Contact Number:

- Email address:

- Address: (this will only be used for art pick ups)

- Name of the artwork:

- Size/ Dimensions of the artwork (in centimetres):

- *for paintings 3 high quality photos

- 1. front image

- 2. side image

- 3. The artist holding the painting

- Optional info (optional, but it will help sell your artworks)

- Profile: (Can be written by someone else)

- Art Philosophy or genre of the work:

- Insights on the artwork (Audio recording of the story behind the artwork):

- Personal photograph of the Artist

2.3. What can I upload?

Live Artworks and Digital Artworks.

All live artworks (paintings, drawings, watercolors, mixed media, ink works etc.) that are available to be purchased must be available for sale and physically exist. If the Artwork was sold by the Artist, then it is the Artists’ responsibility to remove the listing from the Platform as soon as possible after the sale. Failure to do so could result in suspension or discontinuation of membership.

For digital artworks and photographs, if an Artist does not have a physical product they can email our canvas fulfillment partner,info@artcanvasnz.com

2.3.1. Prohibited Content

Though we encourage artistic expression, Artwork City shall not accept any content that can be deemed as obscene in any way. Pornographic, indecent, inflammatory, defamatory or racist works will not be displayed in any part of the website. Any unlawful, misrepresented or offensive content posted on the website is the sole responsibility of the Member that submitted such content. Artwork City reserves the right in its absolute discretion to remove any content it deems obscene in any way.

Though we encourage artistic expression, Artwork City shall not accept any content that can be deemed as obscene in any way. Pornographic, indecent, inflammatory, defamatory or racist works will not be displayed in any part of the website. Any unlawful, misrepresented or offensive content posted on the website is the sole responsibility of the Member that submitted such content. Artwork City reserves the right in its absolute discretion to remove any content it deems obscene in any way.

2.3.2. Marketing

The Artist certifies that he/she holds ownership, copyright, right of publicity, industrial property rights or any necessary rights required to sell, print, reproduce and post the Content he/she has uploaded to Artwork City.

Artists give Artwork City a licence or right to use their Content so Artwork City can supply and maintain the Platform, including for the purposes of making improvements to the Platform and for other internal business purposes.

Under this licence Artists grant Artwork City a non-exclusive, perpetual, transferable, unrestricted, royalty-free, irrevocable and worldwide licence to Artwork City, to use, store, display, reproduce, modify, distribute, create derivative works, and save Artist Content in any manner and on any media or platform

This licence continues even if an Artist stops using Artwork City’s Platform or deletes content from an Artist’s account. Artists confirm that they have the right to grant this licence to Artwork City

Artwork City may use the Content for marketing purposes and may use the Content by advertising it on a third-party website to promote your Artwork.

Artwork City may use the Content to promote, improve and provide our Platform to Users. This means, for example, that if an Artist lists an Artwork for sale, he/she gives us permission to store, copy, use and share that listing (including any photos) on our sites and those owned by third parties, even after the listing has finished.

2.4. How does a transaction work?

Artwork City will take a 20% commission on any transaction. You will also be charged a Stripe fee of 2.9% +NZ$0.30 per successful card charge. There will also be an After-pay fee if a Client uses Afterpay at the checkout.

2.5. How does shipping to a Client work?

Each Artist must have its own warranty and return policy that will be displayed on it’s profile page for the customers information. We reserve the right to terminate an Artist’s membership if the Artist’s policy is not followed

An Artist must expediently post a sold Artwork to the Client, or arrange a pick-up with the Client, when payment has been made. Unless the Artist and the Client agree otherwise, the Artist is responsible for ensuring the Artwork arrives undamaged.

In any case, should the product arrive damaged in any way, the Artist is solely responsible, through their own warranty and return policy, to satisfy the transaction between the Artist and the customer. Artwork City will not be held liable by any party involved

2.6. Ownership

Upon application, approval and posting of the Artwork and agreement of these Terms and Conditions, the Artist certifies that he/she holds ownership, copyright, right of publicity, industrial property rights or any necessary rights required to sell, print, reproduce and post the images/ artworks he/she has uploaded to Artwork City. Artwork City is not liable for any copyright issues by the Artist or any User.

3. Clients

3.1. How do I purchase a piece of Art?

Artist’s set their own prices for their Artworks.

Clients are to purchase a piece of Art through their stripe account. If a Client does not pay for an Artwork that a Client has purchased and the Artist complains to Artwork City, Artwork City will exercise their discretion and may step in. This could result in a termination of a Client’s account without giving you any prior warning. Artwork City holds no responsibility to the Artist or the Client for any disputes or non-payments.

3.2. How will it be sent to me?

The Artist can choose what courier service to use and is responsible to include it in the pricing of their Artwork.

3.2.1. Artwork

Artwork City have made an honest effort to display as precisely as possible the colours and images of our products that appear at the store. Artwork City cannot guarantee that a User’s computer monitor's display of any colour will be precise in the colour spectrum

Users of the site must understand and recognise that exposure to potentially inappropriate content may occur when browsing the website. User discretion is highly encouraged. Artwork City takes no responsibility for the Content on the website.

3.2.2. Accuracy of billing and account information

Artwork City reserves the right to refuse and cancel any order a Client has placed with us. We may, in our sole discretion, limit the quantities purchased per person, household or per transaction. These constraints may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make an alteration or cancellation of an order, we may attempt to inform you by corresponding via e-mail and/or through your mailing/billing address, as well as via the contact number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our exclusive judgment, appear to have been placed by dealers, resellers or distributors. You agree to provide on all your purchase details, your current, complete and accurate account information made at our store. You agree to immediately update your account information, including your email address and credit card numbers and expiration dates, in order for us to complete your transactions correctly and contact you as needed.

4. General Terms

To the maximum extent permitted by law, Users assume full responsibility for any loss or damage that results from their use of our Platform. Artwork City won’t be liable to any Users or any other person in connection with the Platform, a Users use of the Platform or another Users acts or omissions, whether for negligence, breach of contract, breach of statutory duty or otherwise. Artwork City won’t be liable for any direct or indirect loss or damage.

All dealings and other communications between User’s are entirely at a User’s own risk.

For clarity, Artwork City is not liable for:

1. the quality, accuracy or legality of any Artwork that are on Artwork City; and

2. any guarantees or assurances that an Artist has made regarding an Artwork.

Artwork City gives no guarantee or warranty:

1. that any Artwork on Artwork City will meet a Client’s expectations; and

2. that any information posted on Artwork City, is error-free or reliable.

Without limiting any other rights and remedies available to Artwork City, Artwork City may limit User’s activities on the platform, issue warnings to Users and terminate a User’s membership at our discretion.

4.1. Inaccurate Information

We are not accountable if information made available on this site turns out to be inaccurate, incomplete or not current. Any dependence on the material on this site will be at your own risk. We reserve the right to amend the contents of this site at any time, but we are free from any obligation to do so on a regular basis. You agree that it is your responsibility to monitor such changes from our site.

4.2. Copyright

Artists submitting their Artworks must not in any way or form infringe any copyright or intellectual property right of trademarks, organisation, persons, or others. Should this violation happen, Artwork City, its website or any part of the organisation will not be liable and will also reserve the right to pursue legal actions against the Artist should Artwork City choose to do so.

The images, designs, concepts and general Artwork is solely owned by the artist, Artwork City only acts as an agent, therefore we would not be deemed liable in any way for copyright infringement or any copyright violations.

4.3. Offensive Content

Artwork City encourages all Users to notify us if they see any inappropriate content by sending an email though the Contact Us page. Artwork City can view all postings, but we welcome any criticism that may violate the sensibilities of its users.

Artwork City has no obligation to remove any content posted but should Artwork City deems it necessary to do so, then it is within their right and discretion. Artwork City need not to justify the removal of the Artwork to any party.

4.4. Transactions must stay on Artwork City

Artists and any Users are obligated to agree to respect the Artwork City clientele and market and will not attempt to make any personal contact or sales outside of the website.

If a Client enquiry has been made through Artwork City.

1. the Artist agrees to complete the transaction with that Client through Artwork City; and

2. The Artist will be liable to Artwork City for any lost commission.

4.5. Prices

All Artwork prices set by the artist must be equal to, or lower than artwork offered for sale elsewhere. This means Artists explicitly agree to not price artwork listed on Artwork City at a lower price on personal websites, exhibitions, other online galleries & marketplaces.

Due to commercial regulations, Artwork City will only be accepting businesses from artworks ranging below but not more than the value of $NZD20,000.00. This would include any artwork and creation equivalent to $NZD20,000.00 from any denomination. This is to ensure that we are providing equal opportunities to all talented artists who wish to showcase their artworks for a fair and reasonable amount

4.6. Disclaimer

The User recognises that delays and errors may occur because of software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures. Artwork City cannot be held liable because of such impediments.

Artwork City is within its rights to terminate and refund any sale made through the Artwork City website. Though safety measures are always followed by the 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

Any condition or warranty that would then be implied into these Terms is hereby excluded to the extent permitted by law. 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

If the breach relates to goods:

1. the supply of equivalent goods;

2. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

3. the payment of the cost of having the goods repaired.

If the breach relates to services:

1. the supplying of the services again; or

2. 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.

If Artwork City does not immediately take action on a breach of these Terms, that doesn’t mean Artwork City is giving up any rights to do so and we can take action later

The headings used in this contract are included for convenience only and therefore will not limit or otherwise affect these Terms.

4.7. Indemnification

User’s agree to indemnify Artwork City and hold Artwork City harmless against any claim made User’s or any third party that is in any way related to.

1. User’s access to or use of our Platform;

2. User’s failure to complete a transaction;

3. User’s breach of these Terms; or

4. any content User’s post on our Platform.

User’s indemnity under this clause covers all losses, damages or expenses (including legal costs) that Artwork City may suffer or incur.