1. Welcome to AtelierX
These terms are a legally binding contract between you and AtelierX Global Pty Ltd. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury.
AtelierX operates as an online marketplace for artists / sellers to list and sell their pieces, and for buyers / collectors / individuals / businesses to purchase pieces.
Before you use AtelierX, you must read, agree and accept all of these Terms and Conditions of Use.
If you do not agree to the Terms and Conditions of Use, you should not access or use the AtelierX website.
2. Your relationship with us as a seller / artist
Standard of listings: AtelierX Global Pty Ltd is mainly a platform for the sale of original, one of a kind, hand-made artworks such as paintings, sculptures, mixed media, drawings, etc.
Whilst generally not permitted, Digitally produced works can be granted approval for sale on the platform at the discretion of AtelierX Global Pty Ltd
AtelierX Global Pty Ltd also reserves the right to reject or remove listings at any time that are not of an acceptable standard or quality, as determined by AtelierX representatives.
The seller will pay us a 20% commission on the total transaction amount received by the seller (including any applicable taxes and shipping costs).
PayPal may charge you an additional fee and you should ensure you are familiar with PayPal’s terms of use which you will have agreed to when you set up your account.
Our commission will be deducted from your PayPal account or the funds transferred to you.
If at any time you decide you can no longer agree to the terms and conditions, or any changes made to the Terms of Conditions, you must immediately stop using the service.
We may terminate your account and remove your listings if you are not adhering to our Rules of Acceptable Use. We will not offer you compensation for any losses.
AtelierX reserves the right to terminate a seller / artist’s platform profile at any time and at our discretion. All or singular listings can also be removed at any time by AtelierX.
AtelierX is not responsible for managing disputes between sellers / artists and collectors / buyers. AtelierX will seek to help facilitate a resolution in the event that a dispute arises between users of the platform, but the entity is released from any further liability in the event of a dispute.
You as a seller are responsible for declaring your relevant taxation application for the sale of your listings, and where applicable supply an ABN. AtelierX will not collect or pay taxes on your behalf. The amount distributed to you will be inclusive of tax.
3. Shipping
The seller is responsible for the shipment of the Sales Item to the buyer, any local customs charges, import taxes or duties or any similar charge(s) incurred through the process of delivery.
4. Your relationship with us as a buyer / collector
Buyer definition: Someone who has already purchased an artwork for sale on the platform.
Collector definition: someone browsing or intending to purchase on the platform, or someone who has already purchased an artwork for sale on the platform.
You agree as a buyer / collector on the platform to handle any disputes directly with the seller in the first instance, and escalate via info@atelierx.com.au if a resolution is unable to be reached.
You as a buyer / collector will not use the chat functionality to arrange payment for a listing on the website externally or via a payment method outside of PayPal.
5. Rules of acceptable use
When using the Service you must not:
- Offer to buy or sell any of the items we list as prohibited items
- Purchase or sell an artwork / piece by making direct arrangements with the buyer or seller in the website’s chat functionality to make or collect payment outside of the website, or via an alternative payment method.
- Unfairly manipulate the ratings’ system or feedback functionalities
- Give false or misleading information in your Account details, profile, social functionalities or on artwork listings
6. Feedback and complaints
We value feedback and are always interested to hear how you feel the service may be improved. If you need to contact us, please do so via info@atelierx.com.au.
7. Resolving disputes
If you have a dispute with us relating to the Service, in the first instance please contact us via info@atelierx.com.au and attempt to resolve the dispute with us informally.
Disputes with other users relating to a Sale Transaction
If you use PayPal to pay for an Item or receive any money for a Sale Transaction you may be eligible for Buyer or Seller Protection.
If: a) as a buyer / collector your Sales Item has not arrived, or if what you received is significantly not as described or faulty, or b) as a seller you are sent an unauthorised payment, or a buyer claims they didn’t receive their Sale Item, you can report the issue to us via email at info@atelierx.com.au within 14 days and we will respond with instructions on how to proceed.
Please note that only tracking codes are considered valid forms of proof of delivery (it needs to be verifiable online).