Unauthorised Use:

Acceptable Content:

Bluethumb accepts Original hand-made artwork by Australian based Artists who are Australian residents for TAX purposes, have Australian Banking and all artworks are located in Australia 

Bluethumb aims to promote hand-made, original artworks and only allows specialisation mediums such as Photographs, Digital Art and Sculpture on a discretionary basis.  To list and sell any of these specialisations on site, the artist must submit an application and be pre-approved before doing so. All artist approvals are at the discretion of Bluethumb.

Bluethumb is not accepting AI generated artwork.

Artists wanting to list photography, sculpture or digital art must submit an application  here for approval.

• All sculpture is subject to an approval process. Any artists found to be listing sculptures that have not been approved, may be deactivated from Bluethumb. This may occur at any time without prior notice.
• Artworks that are created of a three dimensional nature, consisting of form, shape and texture and of a fine art nature. Works must show creativity and clear consistency on quality.
• The object has been hand crafted by the artist or created as part of a collaboration with other artist(s).
• Any props or mounts that are essential to support the sculpture for display purposes should accompany the sculpture with sale.
• No delicate pieces, artwork must withstand the courier process and packaged accordingly.
• Materials used are to be of artist grade quality, safe and stable.
• Mediums such as fibre and fabric-based artworks will be accepted on the platform at the discretion of Bluethumb.
• Sculptures sold on Bluethumb, should be suitable for an interior setting.
• Outdoor sculptures will need to be of appropriate size and material as dictated by Bluethumb.
• Any sculpture exceeding 10kg must seek approval before listing.
• All oversized wall art of different media (eg metal, wood, etc) requires an application.
• If approval is not met, artists may be liable for excess shipping charges.
• All artist approvals are at the discretion of Bluethumb. Bluethumb reserves the right to decide on an application without providing feedback for any rejections.
• If unsuccessful, a second application may be made after a 3 month period

• Artworks that have been created using prominently digital technology (including digitally created graphic art, digital collages, digitally manipulated artworks etc.) 
• Digital art does not include digital photography, but can include elements of digital photography within the creative process. Using a digital filter, or altering the levels within a photograph, does not qualify the work as digital art
• Artists should show an accomplished level of creative ability and technique. 
• Artists should clearly demonstrate a consistency in quality across all works. 
• Artworks should be visually appealing, not essential but preferred. 
• You are the original creator of the imagery or have the appropriate documented approval to use the imagery. 
• Printed works should be of a good quality and printed on a recognised surface material. 
• All digital art is subject to an approval process. Any artists found to be selling digital artworks that have not been approved, may be deactivated from Bluethumb. This may occur at any time without prior notice. If concerns are raised on AI elements of your work you may be required to supply proof of creation (such as work in progress shots or videos).
• If an application has not been submitted, Bluethumb will seek an application including examples of works the artist wishes to sell. All digital works will be removed from site during the application process and placed into artist drafts or artist account deactivated until application review is complete. 

Photography Requirements 

• Artworks that have been created using prominently photographic technology (including but not limited to analog/digital cameras) 
• The artwork is predominantly photographic in nature. Digital elements can be used within the creative process to enhance or edit the work, but do not override the photographic media.
• Artists should show an accomplished level of creative ability and technique. 
• Artists should clearly demonstrate a consistency in quality across all works. 
• Artworks should be visually appealing, not essential but preferred. 
• You are the original creator of the imagery or have the appropriate documented approval to use the imagery.
• Printed works should be of a good quality and printed on a recognised surface material. 
• All photographic art is subject to an approval process. Any artists found to be selling photography that has not been approved, will be deactivated from Bluethumb. This may occur at any time without prior notice. 
• If concerns are raised on your creative practice you may be required to provide proof of creation (such as copies of original images)
• If an application has not been submitted, Bluethumb will seek an application including examples of works the artist wishes to sell. All photographs  works will be removed from site during the application process and placed into artist drafts or artist account deactivated until application review is complete.

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.  

Artworks must be unique or sold as one in a series of limited edition artworks and clearly titled so (eg. "My Artwork ed. 2 of 10").

If concers are rasied over the authentisity of the creative process, Bluethumb may request proof of creation through work in progress shots, or other valid evidence. If proof can not be provided, the artists acount may be deacticated.

Unacceptable Content:

Users posting content on the Bluethumb site must not infringe any copyright and/or intellectual property rights of any person, entity, organisation, trademark or other. Users must not misrepresent content, including artwork for sale, in the picturing and description of that content.

Bluethumb does not accept content that is obscene in any way, pornographic, indecent, inflammatory, defamatory or racist to any person or group of people. Artistic nudes are accepted at the discretion of Bluethumb.

A physical work must be listed - we do not accept digital download or digital file listings.The content posted on the Bluethumb website must not be fraudulent or illegal in any manner nor contain viruses, Trojan horses, worms, or any other programming that may interfere, disrupt or corrupt the smooth operations of the entire Bluethumb website, including all databases.

Bluethumb encourages all users to the site to report any inappropriate content via the Contact Us page. Bluethumb will not manually screen all postings and therefore welcomes the assistance from the Bluethumb community where possible.

Bluethumb has the right, but has no obligation to, remove any content posted at its absolute discretion. Bluethumb does not condone the posting of inappropriate content and makes a concerted effort to remove such content as soon as possible.

Any unlawful, misrepresented or offensive content posted on the website is the sole responsibility of the user/member that posts such content.

Users of the site understand that exposure to inappropriate content may occur and browsing of the website is at the user's own risk.

Mediums not accepted on Bluethumb 

• Surfboards
• Snowboards
• Skateboards
• Furniture
• Jewellery
• Clothing
• Dinnerware/tableware including cups and plates etc. 
• Homewares including cushions, tea towels, clocks etc. 
• Mosaics 
• Rugs, carpets, tapestry's, weavings, or other assorted textiles 
• Greetings cards
• Digital files or downloads of artwork 
• AI generated/created images 
• Repurposed/Upcycled items 
• Biosecurity or DCCEEW restricted items (e.g. untreated wood, untreated feathers, or any products containing plants or animal derivatives that are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)). 

Please note this list my be amended at an time, please check before listing a work. 

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:

• Personal websites and/or email addresses
• Personal social media accounts on platforms such as Facebook, Instagram, Twitter, Pinterest, Tumblr etc
• Mentioning gallery representation and/or other establishments where works can be purchased.
• Comments intended to encourage direct contact outside of Bluethumb such as "visit my Facebook account or personal website to see more of my artwork".
• Watermarks on profile images, cover images or artwork images that are not in the bottom left or right corner of the artwork image and contain more information than the copyright symbol and the artist's first and last name.
• Where a buyer enquiry has been made through Bluethumb, the Artist agrees to complete the transaction with that User through Bluethumb. 

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. 

For taxation purposes only, Bluethumb acts purely as an agent to the Artist to facilitate the sale of artworks via the Bluethumb website.

The Artist's relationship with Bluethumb is that of principal and agent for taxation purposes. Neither the Artist nor Bluethumb has (nor may it represent that it has) any power, right or authority to bind the other, or to assume or create any obligation or responsibility, express or implied, on behalf of the other or in the other's name.

Nothing stated in this Agreement must be construed as constituting the Artist and Bluethumb as partners, or as involved in a joint venture, or as creating the relationship of employer and employee, franchiser and franchisee, or master and servant between the parties.

Note: The Agency agreement for Artists selected in Bluethumb International marketing campaigns does not apply. Whereby Bluethumb is appointed to sell an Artists artworks overseas accompanied by Bluethumb's online international marketing campaigns a separate legal agreement is entered by both parties whereby; 

[a] Bluethumb takes control and ownership of the selected artworks for international sales. Bluethumb will pay a deposit for the selected artworks and complete the payment when either the artwork has sold, and in accordance with standard sales payment timeframes or at the completion of the marketing campaign.

Should the artwork fail to sell within 180 days, Bluethumb at its discretion may complete the purchase by paying the balance owed to the artist (less the deposit) and continuing its efforts to sell the painting, or it may elect to sell the artwork back to the Artist at the same price less the deposit paid effectively forgoing its deposit. 

[b] The selected artworks can only be available for sale on Bluethumb during the Interational Marketing campaigns, as Bluethumb is the owner. After 180 days, should Bluethumb sell back the artwork and forgo its deposit, the Artist is permitted to list the artworks elsewhere.  

[c] The Artist agrees to deliver the artworks to Bluethumb's appointed gallery, office or warehouse. 

***COVID-19 update: due to health requirements, the need for social distancing and compliance with new laws, artists are requested to hold selected artworks at their premises until such time it is safe and they are advised by Bluethumb. Please keep all selected artworks separated from ordinary stock, and tagged as Bluethumb property. 

Where the duplicate sale of an artwork occurs (e.g. sold via Bluethumb's website at the same time as sold via other means), the Artist must supply the sold artwork to the Bluethumb Purchaser as priority. 

In all cases of a sold Artwork, the Artist guarantees to supply the exact artwork pictured and posted on the Bluethumb website.

The Artist will be liable for all of Bluethumb's administrative costs, commission owing and refunds to Purchasers and related suppliers, and may face legal action should they not supply the exact artwork pictured and posted on the Bluethumb website.

Artists are required to log into their account at least once every six months to ensure profile and listing information is accurate and up to date. If artist fail to log in within this period their account may be deactivated. 

Prices and Sale Practice:

 Promotions/Discount Codes: 

All prices shown on the Bluethumb.com.au website are in Australian Dollars ($AUD). Prices of artworks shown on the Bluethumb website are set by 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 (including online discounts and sales).  

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.  All discussions between artists and buyers on Bluethumb (eg direct chat) bind artists to concluding the sale or resulting commission on Bluethumb. In any scenario where the sale concludes off site by accident or deliberately the artist is required to pay Bluethumb the full commission component.

Artist will honor listed prices on site, price gouging is not permitted (e.g. increasing the price on the work after an enquiry) and artist must hnour the sale price (e.g. can not request to cancel a sale because they incorrectly listed the work). 

From time to time Bluethumb may run sales, site wide promotions or offer discounts to specific collectors. If your art is sold during a promotion or with a specific discount, this is applied by Bluethumb to your listed artwork. Bluethumb reserves the right to run promotions up to 20% without prior artist approval; any discount higher than this and the artist(s) will be notified prior to sale. These discount are designed to run special campaigns or offers that will generate even more engagement with our buyers and increase your exposure. The discount also allows greater intgration with industry buyers such as interior designers, encouraging them to work with both Bluethumb and artists. If a promotional discount code is redeemed, the discount will be deducted from the total listed price of the artwork and the usual 67/33 split on the artowrk value will then be used to calculate the amount paid. discount will not apply to the shipping cost element. This means that you, as the artist, and Bluethumb will share the discount comparative to the 67/33 commission split. Promotional discounts do apply to framing up to the maximum of 15%.  Please note, promotional discounts do not apply to commissions, retrospectively to past orders, or sales using Bluethumb Layby payment methods. Disocunts can not be combined. 

Packaging Artwork:

Artists are responsible for packaging their own artwork. This includes meeting our minimum packaging requirements and any associated costs to do so. Packaging should be professionally and clearly labelled on the outside. Artists are responsible for correctly and accuratly measuring and weighing their own packaged artwork when making a booking with us.

Artworks must be packaged to the minimum specifications outlined below:

Boxed works 

• Acid free tissue paper or glassine paper is laid on top of the artwork surface.
• Protecive corners are applied. 
• Artwork is wrapped in a minimum of 2-3 layers of bubble wrap, securely tapped down ensuring the corners of the work are sufficiently padded and protected with additional cardboard corners as appropriate. 
• Artwork is placed into a double thickness cardboard box. The artwork should fit in the box snuggly once wrapped, and not slide around.   
• Fragile tape/stickers/writing should be clearly indicated on the box. 

Tube works 

• Acid free tissue paper or glassine paper is laid on top of the artwork surface, paper should be slightly larger than the image to fold over the edges.  
• Artwork is rolled with the artwork surface facing outwards. 
• Artwork tube is a minimum of 2mm in thickness and 1-2cm longer than the work at each end. 
• Ends are secured onto the tube with tape.  
• Fragile tape/stickers/writing should be clearly indicated on the tube.  

If packaging does not meet our minimum packaging requirements, one of the following (or more) scenarios may apply:

• The artwork(s) may be returned to you.
• We may not be able to collect the artwork(s) from you if unsafe for transit. 
• You may be required to cover the costs of any repackaging we have to perform. 
• You may not be covered by our transit insurance if any damage occurs to the work(s) while in transit.
• You may be contacted by staff directly to discuss further if you repeatedly package artworks inadequately.

In addition to the above minimum packaging requirements, photographs are also required to be taken by the artist of:

• each artwork once it has been bubble wrapped and/or rolled (before it goes in the box or tube); and 
• three images of the final packaging (the sealed box or tube) with the shipping lable clearly visable and clearly showing measurments (please show a ruler or measureming tape in the images next to the packaged work) 
  • one of the front of the package 
  • one of the back of the package 
  • one of the depth/side of the package 

The artist is required to hold onto these photographs until the order is finalised and paid out. In the unlikely event your work is damaged, lost in transit or the couriers raise a discrepenciy, copies of these photographs will be requested by Bluethumb for insurance purposes.

If photographs cannot be provided when requested by the Bluethumb team, your work will not be eligible for an insurance claim. If we can not submit an insurance claim we can not pay you for the work. Or if additonal charges are incured which can not be disputed due to missing photos, these charges may be passed onto the artist at Bluethumbs discretion. 

As such where possible the work will be returned to you in the original packaging it was sent to the collector in. In damages cases that aren't eligible for insurance claims, Bluethumb will not be liable for any damages in  return transit of the artwork to the artist. This does not apply to artists that are self shippers.

The Artist is responsible for any damage that occurs to their artwork prior to shipping.

Shipping and Freight

Bluethumb has at its absolute discretion the right to manage freight  and artwork delivery including but not limited to; booking, selecting the appropriate carrier and insuring artwork. This applies to all sales, irrespective of country. 

Artists must comply with Bluethumb's freight policy, instructions and directions given by Bluethumb team members. Artists who wish to organise delivery themselves must request permission in writing from a Bluethumb team member prior to delivery. Approval may or may not be granted. Artists who deliver artworks themselves without prior approval will NOT be reimbursd for shipping costs or any shipping allocation. Artists who send, or deliver artworks under Bluethumb instruction will be reimbursed the actual freight cost. A receipt must be provided. Freight reimbursement will be made along with the artwork payment. 

The Artist must book the pickup of their sold artwork within five (5) business days of the artwork being sold. If the Artist books pickup of their sold artwork after five (5) business days, the Artist will be liable for any extra charges incurred by Bluethumb or discounts reimbursements provided to the customer up to the value of the artwork. These extra charges will be added to Bluethumb's commission. Any changes or cancelations to bookings must be submitted to Bluethumb a minimum of 1 working day before schedualed collection. 

Artists may be responsible for covering any additonal fees Bluethumb incurs as a result of the artist providing false or missleading information, or as a result of artist error or change of mind including but not limited to providing incorrect booking information for shipments, incorrectly list work, falsley advertising servies. For orders booked with AUS -Post which are incorrectly booked by the artist, a falt rate admin fee of $20 may be charged per incorrectly booked shipment. 

The Artist understands that late fees may be enfoorced if the artist does not ship the work in a resonable time frame (5-7 days). Artist who fail to fulfill orders, for any reason, may be deactivated from the site at the discretion of Bluethumb. 

The Artist understands that they will not receive payment for their artwork until the freight provider gives Bluethumb confirmation that the artwork has been delivered by their courier and a notice period has passed for the Purchaser to claim a refund.  

Bluethumb will not insure glass frames that are sent by artists. Any damage to the frame or galss will not be covered and will be at the artist expense to repair or replace. 

Payment to Artist:

Payment to the Artist on sale of their artwork will be made by Bluethumb after a period of eight (8) business days have passed, of the artwork being delivered to the Purchaser. Bluethumb makes every effort to pay the Artist the week following the eight (8) day as quickly as possible where conditions of delivery are met (refer "Delivery of Sold Work" and Refunds and Returns Policy). Once the eight (8) period has passed without a buyer claim (insurance or other) or request for artwork return, the artist will be eligible for payment run in the next week. A minimum of two (2) artist payment runs are done each week. 

Bluethumb will pay the Artist all monies collected, including GST where relevant, less a commission fee as defined by the Artist's membership option (refer "Membership"), and less any extra delivery charges incurred due to shipping after five (5) business days since sale (refer "Delivery of Sold Work").

Artist are responsible for ensuring their banking account information is accurate and up to date, Bluethumb will not accept liability on any funds sent to incorrect details/accounts at the fault of the artist. 

If a refund claim is made by the Purchaser, and accepted by Bluethumb, the Artist will not be paid for the sale of the artwork. The artwork will be returned to the Artist. The Artist will not be liable for freight and administrative costs associated with the original delivery and return of the artwork. A commission will not be applied to refunded and returned artworks. Please refer to the Refunds and Returns Policy for full detail.

Insurance:

All artists must correctly package their artworks, and retain photo evidence of the packaged artwork in order to be covered by insurance. Bluethumb insures all artwork booked by Bluethumb or where an artist ships via our carriers under our instruction. Claims can only be made for payment by an artist where the artist provides proof of correct artwork packaging (see 'Packaging Artwork') for the damaged item and there is evidence the artwork and its packaging was damaged in transit. Claims and supporting evidence must be submitted to Bluethumb within 7 days of the damage occuring. Bluethumb reserves the right to lodge claims at its discretion when it is satisfied that damage occurred in transit, and the evidence is sufficient to lodge an insurance claim. 

Artists who are Bluethumb approved designated 'self shippers' send all their own artworks and are responsible for their own insurance. The buyer is protected by insurance at all times.

In the event an insurance claim is submitted and approved the artist will recieve the payout amount they would recive for the sale of the work - they DO NOT recieve the full artwork value. 

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 may terminate member accounts that have been completely inactive for an extended period of time, as reasonably determined by Bluethumb.

The Artist or Purchaser understands that they may remove their account at any time and that doing so will remove all user-associated content from throughout the entire website.

Bluethumb reserves the right to terminate the Bluethumb service at any time and at its absolute discretion without prior notice. In the unlikely event of this occurring, Bluethumb will make every reasonable effort to close out existing sales, in which case the Artist will continue to be paid as per normal, and will follow through to ensure Purchasers receive purchased artworks.

This agreement will terminate automatically should the service be terminated. This agreement will terminate if the member commits a breach or is in default of any warranty of this Agreement.

Upon termination, any rights granted by the Artist to Bluethumb under this agreement immediately revert to the Artist. It is the artists responsibility to maintain their own records of artworks and transactions. Bluethumb reserves the right to remove and delete all data and images, unless otherwise required by law, relating to terminated artists from its databases post termination. 

1. if the breach relates to goods:
   • the supply of equivalent goods;
   • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
   • the payment of the cost of having the goods repaired; and
2. if the breach relates to services:
   • the supplying of the services again; or
   • the payment of the cost of having the services supplied again

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