Terms and Conditions

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

Plexus Gallery reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. If the modified Terms are not acceptable to you, you have to cease using the Services. 

Services 

Plexus Gallery, based in Brisbane, QLD, Australia, acts as a service provider, connecting the artists looking to sell their artwork (Artist), and art lovers and collectors interested in purchasing artwork (Buyer), through an online art gallery. Plexus Gallery offers a unique “view in situ before you buy” feature. Customers residing within the delivery zone can pick several works of art on the website to be delivered directly to their homes for viewing artwork on their walls and getting expert advice and consultation.

Artwork

Plexus Gallery asks artists to provide the most accurate and high-quality images of their artwork as possible and it has made every effort to display as accurately as possible the colours and images of the artwork that appear at the gallery. However, we cannot guarantee that your computer monitor’s display of any colour will be accurate.

Sales Agreement

Artists must be 18 years or older to become a seller on the Plexus Gallery website. By accepting these Terms they represent and warrant that they are at least 18 years of age.

In addition, they warrant that all information that they have provided to Plexus Gallery is truthful, accurate and current. 

Plexus Gallery charges 33% commission on every artwork sold on Plexus Gallery website or through Plexus Gallery lead. All live artwork listings that are available to be purchased must be available for sale and physically exist. Once the artwork becomes unavailable Artist should notify Plexus Gallery and take the listing off the site.

It is the Artist’s sole responsibility to comply with Australian Tax Laws when selling work through the Plexus Gallery website.

Transfer of funds, minus the Plexus Gallery sales commission, to Artist’s nominated bank account, will occur once payment has been finalised, the artwork is delivered and the 7-day customer returns time period has passed.

Prices and Payment

All prices shown on the Plexus Gallery website are in Australian Dollars ($AUD). Prices of artworks shown on the Plexus Gallery website are set at the discretion of the Artist. All artwork prices displayed on Plexus Gallery website cannot be higher than artwork offered for sale elsewhere. This means Artists agree to not price artwork listed on Plexus Gallery at a lower price on personal websites, exhibitions, and other marketplaces. 

By using Plexus Gallery, Artists are required to complete all sales, coming through Plexus Gallery lead through the Gallery. This includes all exhibitions, organised by Plexus Gallery and artist to collector introductions, as well as all other cases where purchasers discover artists via Plexus Gallery.  

Customers can pay using a variety of options – bank transfer, credit cards, EFTPOS (Square) or PayPal. Payment processing fees may apply, depending on the chosen method of payment. 


For more information on Square Reader’s payment terms and conditions please visit:

https://squareup.com/au/en/legal/general/payment

For more information on PayPal’s payment terms and conditions please visit:

https://www.paypal.com/au/webapps/mpp/paypal-seller-fees

If you wish to purchase an Original Work of Art or Printed Work, or any other product or service via Plexus Gallery, you may be asked to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, delivery address or shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by Plexus Gallery in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through Plexus Gallery. Verification of information may be required prior to acceptance of any order through the Services.

Delivery

Plexus gallery offers delivery service within the Brisbane Metropolitan Area (postcodes 4000-4500).

The cost of delivery, including any art-related advice and consultation is $150 non-refundable fee. Once the artwork is purchased, the fee will be deducted from the overall price. The fee should be paid online, after booking the delivery date and filling an online form. 

If you wish to cancel or modify your booking and delivery details, and our driver has not already collected the artwork, we can refund the full amount, if you notify Plexus Gallery 24 hours in advance. After that time a fine of $25 may apply to cover administration costs. Cancellation cannot occur once your order has been collected by our driver (in this case an alteration for delivery address can only occur and the delivery fee remains chargeable).

If the driver attempts to make a delivery to the destination address and no one is home to receive the artwork, a re-delivery fee may apply.

Copyright 

All content on the Plexus Gallery website is protected under the copyright of either the Gallery or the Artist. Any content cannot be downloaded or used without written permission from Plexus Gallery or the artist who created the 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 artwork, this must be negotiated with the Artist.

Returns and Refunds:

  • Plexus Gallery guarantees the authenticity and quality of the art you buy. We are pretty sure that thanks to our unique “view in situ before you buy” feature, you are very happy with your purchase. However, you still have a full week to decide if you’d like to return the purchased artwork. Simply let us know and we will process your return and refund your purchase in full.
  • If you live outside our delivery zone and bought a piece from our website, it can be shipped to you for an additional cost. You have a week after delivery to decide if you are happy with your purchase. In case you changed your mind, you will be fully refunded. You’ll just need to pay for the shipping costs. 
  • If an artwork is damaged in transit, you can either be refunded in full or request if the Artist may create something unique for you, or buy some other beautiful piece from our site on the return of the artwork. 
  • If the art is returned in any condition less than when it was sent originally, the Purchaser will have the repair(?) cost subtracted from their refund.

If you have any further questions regarding our policy, please contact us at [email protected]

Indemnification for loss or damage 

You agree to indemnify Plexus Gallery and hold Plexus Gallery, as well as its agents, contractors, licensors, service providers, subcontractors, suppliers, harmless from and against any and all liabilities or expenses arising from or in any way related to your use of Plexus Gallery website or the Services or information offered on this website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Warranties

Plexus Gallery offers an “as is” service. Plexus Gallery does not supply any warranties in relation to content represented on the Plexus Gallery website.

Links to External Websites

The Plexus Gallery website may contain links that direct you outside of this website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked website, it’s contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection with your use of these sites.  
You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.
Plexus Gallery reserves the right to refuse service to anyone at any time and at its absolute discretion. Plexus Gallery reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice. 
Plexus Gallery reserves the right to terminate the Plexus Gallery service at any time and at its absolute discretion without prior notice. 

Disclaimer

Plexus Gallery does not represent or guarantee that the Plexus Gallery service or the Plexus Gallery website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Plexus Gallery does not represent or guarantee that access to the Plexus Gallery service or these websites will be uninterrupted. 
The user acknowledges that the Plexus Gallery service or the Plexus Gallery 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 Plexus Gallery’s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures. 
Plexus Gallery does not warrant that any members’ uploads to this website will be protected against loss or misuse or alteration by third parties. Plexus Gallery does not warrant that all uploaded content will be available on our website. If Plexus Gallery 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. Plexus Gallery reserves the right to cancel and refund any sale made through the Plexus Gallery website. 
It is the responsibility of the user to ensure that they are not exposed to viruses, or any other code of a destructive nature. 
Plexus Gallery 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. 

Liability

The user assumes all responsibility and risk for the use of the Plexus gallery website including and without limitation any of the content or information contained therein. Plexus Gallery 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.
Where you are a Consumer, Plexus Gallery’s liability for breach of a Consumer Guarantee is limited to (at our election):In the case of a supply of goods: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or acquiring equivalent goods; or (iv) paying the cost of having the goods repaired; andIn the case of a supply of services: (i) resupplying the services or (ii) paying the cost of having the services supplied again.

Disputes and Release

Plexus Gallery 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.
It is our goal that the Plexus Gallery meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you. For any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at [email protected] to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.

Privacy and Confidentiality

By becoming a member of Plexus Gallery family, by registering to sell your work and upload your images onto the Plexus Gallery website, artists are allowing Plexus Gallery to use their name and images, royalty-free and without pay, to promote them, their artwork and Plexus Gallery. Your personal information and uploaded images will not be sold for use by Plexus Gallery to any other organisation or website and will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information. Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Plexus Gallery website and the Services associated with this website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Changes To Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Contact Information

Any questions about the Terms and Conditions should be sent to us at [email protected]