Terms & Conditions
Bluethumb acts as a service provider for artists looking to sell their artwork, and individuals interested in purchasing artwork, through an online art marketplace. This site is operated by Bluethumb Pty Ltd, an Australian company which is registered in Adelaide, South Australia who offers original art to a global audience of art buyers and collectors.
Before you use the Bluethumb website you must read, agree with and accept all of these Terms and Conditions of Use, and Bluethumb's policies, including its Privacy and Security Policy, Shipping Policy, Art Consignment and Sale Agreement and Refunds and Returns Policy. These policies change from time to time, and they form part of these Terms and Conditions of Use.
Bluethumb reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions of Use at any time, effective immediately upon publishing on the website
If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use the Bluethumb website.
These Terms and Conditions of Use are separated into four sections:
Governing law and jurisdiction
Terms & Conditions of Agreement
Contact & Acknowledgement
GOVERNING LAW AND JURISDICTION
This agreement and all claims relating thereto is governed by the laws of South Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of South Australia (including the Federal Court of Australia and courts entitled to hear appeals from such courts). The parties irrevocably waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
Business Days means a day (other than a Saturday, Sunday or public holiday) when banks in South Australia are open for business (to be inserted in definition section of T&Cs).
Proceedings If any dispute arises in relation to this agreement, including in relation to its interpretation or any aspect of its performance, no party may commence any form of legal proceedings, unless and until the parties have complied with the procedures set out in this "dispute resolution", except where a party seeks urgent interlocutory relief or the dispute relates to compliance with this "dispute resolution".
Notice of Dispute If any dispute arises in relation to this agreement, either party may give written notice (Notice of Dispute) to the other party claiming that a dispute has arisen, specifying the nature of the dispute, and request that a meeting be held between one duly authorised representative of each party within 10 Business Days.
Meetings between authorised representatives If a party receives a Notice of Dispute from the other party in accordance with clause "Notice of Dispute", that party, and the party that gave the Notice of Dispute, must cause an authorised representative to attend at the meeting referred to in that notice, which may be held by contemporaneous linking by telephone or live audio visual transmission (or similar).
Dispute resolution and mediation If the parties have not resolved the dispute within 20 Business Days of the meeting referred to in the dispute resolution (or such further period as agreed in writing by them), the parties must mediate the dispute, which must be conducted in Melbourne (or as agreed in writing between the parties), in accordance with the Australian Centre for International Commercial Arbitration Limited (ACICA) Mediation Rules (in operation from time to time) by the ACICA, except where they conflict with this dispute resolution in which case this dispute resolution will prevail.
Appointment of mediator
- If the parties are required by the dispute resolution process to mediate the dispute, ACICA will appoint the mediator unless the parties agree on a mediator (Mediator).
- The role of the Mediator is to assist in negotiating a resolution of the dispute. The Mediator may not make a decision that is binding unless the disputing parties otherwise agree in writing.
- The costs of the Mediator must be paid equally by the disputing parties but otherwise each disputing party must pay their own costs of the mediation.
- If the dispute is not resolved within 20 Business Days after referral to the Mediator, either party may by written notice to the other refer the dispute to arbitration administered by the ACICA.
- The arbitrator must be selected from a panel suggested by ACICA. The parties must ask ACICA to appoint the arbitrator if they cannot promptly agree on who it should be.
- The arbitrator must be an independent person and may not be the same person as the mediator appointed under clause "appointment of mediator". The arbitration must be conducted in accordance with, and subject to, the ACICA Arbitration Rules which are operating at the time the dispute is referred to ACICA and must be held in South Australia, Australia, unless otherwise agreed by both parties. The number of arbitrators will be one.
- The language of the arbitration is English.
- The decision of the arbitrator will be final and binding on the parties.
- This arbitration agreement is governed by the laws of South Australia, Australia.
Nothing in this dispute resolution prohibits a party from seeking injunctive relief from a court of competent jurisdiction if a breach or prospective breach of this document by the other party which would cause irreparable harm to the first party.
(under disclaimer and just above to the extent permitted by law..)
Nothing in these terms and conditions shall limit or exclude the either partys liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation; or
- any other losses which cannot be excluded or limited by applicable law, including but not limited to the Australian Consumer Law (has the meaning given in the Competition and Consumer Act 2010 (Cth)).
Subject to Condition above:
- Bluethumb shall under no circumstances whatsoever be liable to the Purchaser/Customer/Artist, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this agreement; and
- Bluethumbs total liability in aggregate to [Purchaser/Customer/Artist] in respect of all other losses arising under or in connection with this contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the listed sale price of the Artwork.
If any provision of this agreement is determined by a court or other competent tribunal or authority to be illegal, invalid or unenforceable then:
- where the offending provision can be read down so as to give it a legal, valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result;
- where the offending provision cannot be read down then that provision must be severed from the document in which event, the remaining provisions of this document operate as if the severed provision had not been included; and
- the legality, validity or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction is not affected,
but only to the extent that is consistent with giving substantial effect to the intentions of the parties under this agreement.
|Artist||Artist is defined as the person who created the original artwork, has the right to sell the artwork, and is selling the artwork via the Bluethumb website.|
|Purchaser||Purchaser is defined as the person who has made a purchase on the Bluethumb website through an online payment.|
|Member||Member is defined as any person who has created an account on the Bluethumb website, whether they are an Artist or a Purchaser.|
|User||User is defined as any person, member or not, who browses or uses the Bluethumb website for any purpose.|
|Content||Content is defined as data, text, images, usernames, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by Bluethumb or a member of the website.|
|Artwork||Artwork is defined as any piece of original work that is offered for sale on or sold via the website.|
|Copyright||Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer to the information sheets on Artists Copyright, Infringement, or the Copyright Act 1968.
|Original||Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies and reproductions are not considered original for the purposes of these terms and conditions. Prints (photography and electronically altered works must be approved by Bluethumb before listing) must be limited editions, numbered and signed by the artist. Copyright must belong to the creator of an artwork in order for it to be considered original.|
|NFT||A non-fungible token established on a blockchain.|
|Service Region:||Bluethumb services and ships within the United States of America (USA), Australian community and other regions (including but not limited to) the UK, Europe and Asia.|
|Age and Responsibility:||The user represents and warrants that they are of sufficient legal age to use the Bluethumb website and to create binding legal obligations for any liability they may incur as a result of the use of the Bluethumb website. The user agrees to be responsible for all of their use of the Bluethumb website (as well as for use of their username and password(s) by others, including without limitation, minors living with them). The user agrees to supervise all usage by minors of the website under their name or account.|
|Unauthorised Use:||The Bluethumb website must not be used for any illegal or unauthorized purpose. The Bluethumb website must not be hacked and/or any adaptations made to any aspect of the website. Posting of advertisements or links to any other websites, including but not limited to social networking sites, is not allowed without express written permission from Bluethumb.|
Artworks may include drawings, watercolours, paintings, mixed media, ink works, etc. Textiles, craft, jewellery etc. are generally not accepted but may be at the discretion of Bluethumb.
Artists wanting to list photography, sculpture or digital art must apply here for approval.
Digital Art Requirements
All artist approvals are at the discretion of Bluethumb.
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.
Users posting content on the Bluethumb site must not infringe any copyright and/or intellectual property rights of any person, entity, organization, trademark or other. Users must not misrepresent content, including artwork for sale, in the picturing and description of that content.
All live artwork listings, that are available to be purchased must be available for sale and physically exist. Listings that are "Commission Me" or "Commission Something Similar" will be removed permanently from Bluethumb.
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:
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.
|Prices Sales practice:||
All prices shown on the Bluethumb website are in either US Dollars (USD) or Australian Dollars (AUD). Prices of artworks shown on the Bluethumb website are set at the discretion of 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. 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.
Bluethumb will collect and remit sales taxes on your behalf where required by applicable federal or state taxation laws or regulations. However, if Bluethumb is not required by applicable federal or state taxation laws or regulations to collect and remit sales taxes:
(a) Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this User Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the merchandise. This may include sales tax, other transactional taxes and income taxes;
For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
|Trademark:||The Bluethumb logo is a trademark of Bluethumb. Use of the Bluethumb logo is not authorised without express written permission from Bluethumb.|
All content on the Bluethumb website is copyright of either Bluethumb or the Artist. Content must not be downloaded or used without express written permission from Bluethumb, or the Artist where the content is their own 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 Work, this must be separately negotiated with the Artist.
|Refusal Termination of Service:||
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 reserves the right to terminate the Bluethumb service at any time and at its absolute discretion without prior notice.
Upon termination, any rights granted by the Artist to Bluethumb under this agreement immediately revert to the Artist.
|Warranties:||Bluethumb offers an "as is" service. Bluethumb does not supply any warranties in relation to content represented on the Bluethumb website.|
|Disputes Release Jurisdiction:||Bluethumb 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.
Jurisdiction. These Terms will be governed by the laws of the State of South Australia (Australia) without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state court or arbitration located in South Australia.
|Liability:||The user assumes all responsibility and risk for use of the Bluethumb website including and without limitation any of the content or information contained therein. Bluethumb 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.|
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 of up to 15%. These discounts 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 integration 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 commission split will then be calculated. This means that you as the artist and Bluethumb will share the discount comparative to the commission split agreed. Note, promotional discounts do not apply to framing, commissions, retrospectively to past orders, or sales using ArtMoney, Afterpay or Bluethumb Layby payment methods.
By accepting Bluethumb's Ts Cs, you agree to and accept the possibility of purchasers using ArtMoney, an interest-free loan for purchasing artwork and sharing ArtMoney's 10% commission fee with Bluethumb.
How it works:
The purchaser pays a minimum 10% deposit upfront and pays the remaining funds to ArtMoney over an agreed period of time in monthly instalments.
By accepting Bluethumb's Ts Cs, you agree to and accept the possibility of purchasers using Afterpay, an interest-free 'buy now, pay later' payment plan for purchasing artwork and sharing their commission fee with Bluethumb.
How it works:
By accepting Bluethumb's Ts Cs, you agree to the possibility of purchasers using Bluethumb layby payment plan for purchasing artwork.
How it works:
|Communication with Artists||
When communicating with an artist directly via Bluethumb, you, the collector, agree to be respectful and fair to the artist. If any participant is found to be abusive, Bluethumb reserves the right to intervene and discontinue the accounts of participants involved.
Bluethumb does not represent or guarantee that the Bluethumb service or the Bluethumb website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Bluethumb does not represent or guarantee that access to the Bluethumb service or these websites will be uninterrupted.
The user acknowledges that the Bluethumb service or the Bluethumb 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 Bluethumb's or another person's software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
Bluethumb does not warrant that any members' uploads to this website will be protected against loss or misuse or alteration by third parties. Bluethumb does not warrant that all uploaded content will be available on our website. If Bluethumb 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. Bluethumb reserves the right to cancel and refund any sale made through the Bluethumb 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.
Bluethumb 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.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. 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:
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
|Contact:||If you have concerns relating to the Bluethumb website or these Terms and Conditions of Use, please contact Bluethumb via any of the following means:|
BLUETHUMB ART PRIZE 2023 TERMS CONDITIONS
- Entry into the Bluethumb Art Prize 2023 (the Prize) is free.
- The Prize is a non-acquisitive prize.
- All entrants must have an active (and free) Bluethumb artist profile and comply with Bluethumbs general terms and conditions available here.
- Bluethumbs Photography, Sculpture Digital sections are curated, you must have an approved profile to enter these works. You can apply here, please note applications can take up to 3 weeks to be reviewed.
- Sculpture Digital works can be entered into any categories, the artist is to determine the appropriate category.
- Artworks must be uploaded/listed on Bluethumb in 2023.
- All artwork Prize entries must be entered within the Submission Period (entries open 12:00pm on Monday 31st July 2023 (AEST) and close 11:59pm on Monday 11th September 2023 (AEST)).
- All artwork submitted into the Prize must be original work. Reproductions or prints of original artworks will not be accepted.
- All artwork entered into the Prize must be available for sale on Bluethumb upon entry.
- The artwork must be exclusively available on Bluethumb throughout the Prize Period and until 30th November (Monday 31st July to Thursday 30 November 2023). Any artwork sold off the Bluethumb platform will be disqualified from the Prize.
- Artwork entered into the Prize may be sold on Bluethumb during the Prize Period and the sale of the entry through Bluethumb will not affect judging or eligibility.
- Selection and judging will occur online, and no physical artworks will be required for this process.
- The finalists will be shortlisted by the Bluethumb Selection Panel, before proceeding to the Judging Panel.
- The Judging Panel will decide the Overall Winner and all Category Award winners (other than the Founders Award and the Peoples Choice Award). In the case of a tie or any discrepancies Bluethumb will have final say.
- The Founders of Bluethumb (Edward and George Hartley) will decide the winner of the Founders Award.
- The winner of the Peoples Choice Award will be chosen by the public from the pool of all Prize finalists.
- All decisions by the Judging Panel, the Founders, and the public for the Peoples Choice award are final.
- If Bluethumb find or see any evidence of gaming in the People's Choice award, the entrant will be disqualified and those votes voided.
- All prize monies are in Australian dollars.
- Each artist can enter a maximum of 5 (five) artworks into the Prize.
- Each artwork must be entered into its chosen category (selected upon submission). There are no restrictions on how many of the 5 (five) entries can be submitted into the same category.
- All Prize entries are automatically entered into the Peoples Choice Award.
- All Prize entries measuring a minimum of 150cm on one side will be automatically entered into the Founders Award.
- Each artist can update or change their artwork Prize entry/entries at any time during the Submission Period, however their previous entries to the same category will not be counted.
Bluethumb Art Prize 2023 Timeline:
- Entries open 12:00pm on Monday 31 July 2023 (AEST).
- Entries close 11:59pm on Monday 11 September 2023 (AEST).
- Finalists will be announced on Thursday 28 September 2023 12pm.
- Winners will be announced on Thursday 26 October 2023 (time to be confirmed).
- People's Choice category voting commences at 12:00pm on Thursday 28 September 2023 (AEST).
- People's Choice voting concludes at 11:59pm on Wednesday 8 November 2023 (AEST).
The Peoples Choice winner will be announced on Thursday 9 November 2023 (time to be confirmed).
Bluethumb Art Prize 2023 - People's Choice Award Terms Conditions:
- The Peoples Choice Award is voted for online by the public - Australian residents only, excluding Bluethumb employees and their families - from the pool of 2023 Prize finalist entries.
- How to enter:
- 1. Login / sign up to Bluethumb. Vote for up to 10 favourite finalist entries.
- 2. Check your email to receive image tiles of your favourite entries (votes). Share your favourite entries to Instagram as a post or story tagging @bluethumbart
- So we can see your entry use hashtag #bluethumbartprize2023
- Finalist entries are listed from 28 September at bluethumb.com.au/competitions/prize-2023/votes
- All entrants who vote and share will go in the draw to win one of 'favourited artwork taking the form of: 1x $2,000 Bluethumb voucher (to be used on non-refundable Bluethumb artwork purchase only).
- Plus 1x hand painted Robert Gordon Poets Dream pottery water jug.
- The winner will be selected at random and informed accordingly.
- The winner will be asked to show proof of sharing to validate their entry. A screengrab is recommended, plus using the hashtag #bluethumbartprize2023
- Entrants may login and change their votes at any time until the voting period concludes.
- The artwork with the most votes will win the $15,000 Peoples Choice Award category prize, awarded to the artist after the voting period concludes.
- If Bluethumb find or see any evidence of gaming in the People's Choice award, the entrant will be disqualified and those votes voided.
Enter To Win $400 Art Voucher: Email Text Sign Up Promotion
- People may sign up via a promotional popup visible on-site to receive recurring email and text marketing messages from Bluethumb.
- The content of these messages vary though may include personalised cart reminders, newsletters, special offer or promotions.
- By signing up, people will enter a monthly draw to win 1x Bluethumb voucher - drawn randomly using software - and to be used only for the purchase of art on Bluethumb.
- The value of this voucher will be AUD400 for people signing up on bluethumb.com.au or USD400 for people signing up on bluethumbart.com
BLUETHUMB BLUE FRIDAY SALE NOV 2023 TERMS CONDITIONS
- Starts 12:01am AEDT Friday 10/11/2023
- Ends 11:59pm AEDT Monday 27/11/2023
- Sale is scheduled to run for 18x days, though Bluethumb reserves the right to extend the sale period without notice to take advantage of increased buying demand.
- Checkout using code BLUESALE10 for 10% off any artwork order.
- Checkout using code BLUESALE15 for 15% off any artwork order over $1,500.
- Sale discount codes cannot be combined with other codes.
- Sale applies to all artworks and artists, as per including your work in promotions of the Bluethumb Terms Conditions.
- Sale discounts do not apply to framing.
- Sale is open to all buyers using their preferred payment method, excluding Art Money and Bluethumb Lay-by.
- Sale discounts do not apply to commissions, or retrospectively to past orders.
- Sale discounts do not apply to Bluethumb Digital artworks.
WIN A $10K ART MAKEOVER COMPETITION NOV 2023 TERMS CONDITIONS
- How to enter: simply purchase any artwork during the Bluethumb Blue Friday Sale to automatically go in the draw to win. Each artwork purchased during the Sale = 1 entry, with multiple entries permitted (e.g. 4 artworks purchased = 4 entries).
- Major prize: AUD10,000 of Bluethumb prize credit to be used only for the purchase of artworks on bluethumb.com.au only, with 'art makeover' assistance provided by a member of the Bluethumb Art Advisory team. Prize credit can't be applied to previous orders placed, and must be used before 30/6/2024.
- Art makeover content: by accepting the major prize, the winner grants permission for Bluethumb to capture and use photo and video content showing the 'art makeover', created in collaboration with the winner. For example, this may take the form of a before / after art makeover reveal shared on Bluethumb social media.
- Prize draw: 1x major prize winner only will be drawn at random using software on Wednesday 29/11/2023. The verified winner will be informed via email no later than Thursday 30/11/2023. Bluethumb's decision is final and no correspondence will be entered into.
- Eligibility: Australian residents only aged over 18 years old, excluding Bluethumb employees and their families. Any artwork that is purchased during the Bluethumb Blue Friday Sale and then returned - in line with the Bluethumb Refund Returns Policy - will be excluded.
- Prize credit usage: prize credit is non-transferable and non-exchangeable for any alternative prize (including cash). Artworks purchased using the prize credit are non-refundable and non-exchangeable.
- Unforeseen circumstances: in the event of unforeseen circumstances, Bluethumb reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions without notice.
BLUETHUMB BLUE FRIDAY SALE NOV 2023 ARTISTS SUPPORTING ARTISTS COMPETITION
- Spread the word and WIN a $500 Bluethumb voucher!
- The NOV 2023 Blue Friday Sale is a great opportunity to help Bluethumb, and your fellow Bluethumb artists, by sharing the sale details across your social networks.
All Bluethumb artists with at least 1x artwork currently listed for sale are eligible to enter:
- Simply create and share your personalised sale image tile using the templates emailed to you Friday 10/11/2023 - to your Instagram feed and stories.
- Tag the image with @bluethumbart so we can see it
- The more you share, the more you support Bluethumb and all Bluethumb artists, and the more chances you have of winning. Each share is an entry.
- Winner drawn at random using software. The verified winner will be informed via email on Tuesday 28/11/2023 and must show proof of posting.
- Bluethumb's decision is final and no correspondence will be entered into.