VISUAL ARTIST & MARINE BIOLOGIST

Purchase Terms & Conditions

The following Terms & Conditions are for the purchase of original artwork or limited edition prints by René Campbell. The following information must be read fully and accepted before signing and dating the final Agreement of Purchase, which is legally binding. Document samples for the Agreement of Purchase, Transfer of Copyright (optional), Certificate of Authenticity and Transaction Invoice can be downloaded here!

 

DEFINITIONS  /  TERMS  /   PAYMENT  /  ARTWORK FOR SALE


DEFINITIONS

ARTIST

The individual that created the Work ("René Campbell Art")

PURCHASER

The individual purchasing the Work.

WORK

The form of service created by the Artist available for sale to the Purchaser per the Agreement of Purchase. “Work,” “Art[work],” “Image[ry],” and “Project[s]” are used interchangeably herein.

AGREEMENT OF PURCHASE

The discussion, documented via email (or where email is not available, via Australian Postal Service), in which the Artist and Purchaser agree to the sale of the Work, the sale price, sale address, Transfer of Copyright or any other additional details such as framing, mounting or shipping costs. This Agreement of Purchase shall remain on record with the Artist, along with any other documents related to the Work, for at least two years.

PROFILE(S)

Online locations where the Work may be displayed (e.g., “galleries,” such as renecampbellart.com, Facebook and Instagram albums, DeviantART.com, Tumblr.com, Reddit.com etc.). “Profile(s)” do not include any sites that display hateful or racist imagery, illegal activities, or sites known to display, reproduce, and/or sell works without crediting the Artist. Additionally, no Work may be displayed without notifying the Artist first, or as agreed upon in the Agreement of Purchase.

PERSONAL SPACE

Non-public, offline locations (e.g., home or office); i.e., no business involving the Work is being conducted.

PUBLIC SPACE

Offline locations that do not fall under “Personal Space” above.

The discussion, documented via email (or where email is not available, via Australian Postal Service), in which the Artist and Purchaser agree to transfer Copyright of the Work from the Artist to the Purchaser. This does not include Trademark.


TERMS

1. SALE

The Artist hereby sells or transfers the Work to Purchaser at the agreed value written above in the Agreement of Purchase.

2. PAYMENT

Full payments must be made in the signing of the Agreement of Purchase. In the event that payment is made in installments, ownership of the Work will only pass from the Artist to Purchaser on receipt of payment in full. The Work will not be sent to Purchaser until the agreed payment amount has been received. Payment method is determined as written in the Agreement of Purchase (i.e. bank account transfer, PayPal).

NOTE: All prices are specified as Australian Dollars ($AUD). It is the Purchaser's responsibility to ensure that they have converted currencies based on current exchange rates.

3. RETRANSFER

If the Purchaser in any way sells, gives or trades the Work, if it is inherited from the Purchaser, or if a third party pays compensation for its destruction, the Purchaser (or the representative of his/her estate) must notify the Artist within thirty (30) days.

4. TRANSFEREES BOUND

If anyone becomes the new owner of the Work, with notice of this contract, that person shall be bound to all its terms.

The Artist retains full copyright and reproduction rights of the Work unless otherwise stated and agreed upon in the Agreement of Purchase. Artist also retains full copyright for any preliminary designs and incidental works made in the creation of the artwork. The artwork may not be reproduced, sold or used for any profitable purpose without the expressed written permission by the Artist.

6. NOTICE OF EXHIBITION

Before committing the Work to a show, the Purchaser must give the Artist notice of intent to do so, telling the Artist all the details of the show that the Purchaser then knows.

7. COMPETITIONS

Under no circumstances may the Purchaser submit the Work to any kind of online or offline contest.

8. NON-DESTRUCTION

The Purchaser will not permit any intentional destruction, damage or modification to the Work.

9. RESTORATION

If the Work is damaged, the Purchaser will agree to consult the Artist before any restoration and must give the Artist the first opportunity to restore it, if practical.

10. AUTHENTICITY & PROVENANCE

Upon request, the Artist will furnish the Purchaser and their successors a written history and provenance of the Work, based upon the Artist’s best information as to shows. A Certificate of Authenticity (signed and dated by the Artist) is provided with each original artwork or limited edition print.

11. PRINTS & MERCHANDISE

The Artist has the right to allow the Work to continue to be sold as general prints and merchandise through their Society6 Online Store at their own discretion, unless otherwise signed in the Agreement of Purchase. Since the Artist retains their Copyright via Society6, if a Transfer of Copyright for the Work has been made with the Purchaser, any prints/merchandise of the Work will be removed from Society6.

12. ARTIST’S ACCESS

The Artist may have access to photograph the Work at no expense to Purchaser and upon reasonable notice to Purchaser.

13. NOTICE

A Notice, in the form below, must be permanently affixed to the Work, warning that ownership etc., is subject to this contract. If, however, a document represents the Work or is part of the Work, the Notice must instead be a permanent part of that document.

14. EXPIRATION

This contract binds the parties, their heirs, all their successors in interest, and all the Purchaser’s obligations are attached to the Work and go with ownership of the Work, all for the life of the Artist and Artist’s surviving spouse plus twenty-one (21) years, unless otherwise stated.

15. MORAL RIGHT

The Purchaser will not permit any use of the Artist’s name or misuse of the Work which would reflect discredit on his/her reputation as an artist, or which would violate the spirit of the Work.

16. PROMOTION

The Artist may use any images of the Work for promotional purposes. The Artist may also sell Limited Edition Prints of the Work. Merchandise for the Work may be available at the Artist’s discretion, unless otherwise negotiated with the Purchaser.

17. EXPENSES

The Artist and Purchaser will negotiate on which party will pay costs and expenses, including insurance, for the crating, packing and shipping of the Work for delivery to the Purchaser.

18. ADDRESS NOTICE

The Purchaser is responsible for insuring that their contact details are true and correct. Either party shall notify the other party in case of change of address prior to such change.

19. DAMAGES, THEFT & MISPLACEMENT

The Artist is not responsible for any damages made to the Work except for those inflicted at the fault of the Artist or during the Artist’s possession. The Artist will contact the Purchaser should this occur. The Artist is also not responsible for any theft or misplacement of the Work. The Artist will ensure packaging of the Work is safe and secure, and will provide postage and tracking details to the Purchaser once the Work has been posted. The Purchaser accepts all possible risks once the Agreement has been signed and payment made. If damages have occurred, the Purchaser must notify the Artist within seven (7) days of receiving the Work, and must provide evidence of said damages. If the Work has been damaged but the Purchaser wants to retain ownership, the Artist will refund 50% of the full amount back to the Purchaser or as negotiated. If the Work is stolen, lost, or perished during transit, the Artist will refund 50% of the full amount back to the Purchaser or as negotiated. Any damages or misplacement caused at the fault of the Purchaser or during the Purchaser’s possession will not be refunded.

20. REFUND POLICY

If the Purchaser is unsatisfied with the Work for an appropriate reason, they must contact the Artist within seven (7) days of receiving the Work. Disliking the Work or change of mind are not considered for a refund. The Purchaser must state if they want a full refund or an alternative replacement. The Purchaser will have thirty (30) days to send the Work back to the Artist, otherwise a refund will not be made. The Purchaser must return the Work in original packaging with all documents, including this Agreement and invoice. Postage/shipping costs and expenses will be paid by the Purchaser. The refund will be paid back in full to the Purchaser at the discretion of the Artist once the Work has been received and in the described condition. For refunds regarding damages or misplacement in transit, please see Term 17 above.

21. MISCELLANY

This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of any breach of any of the provisions of the Agreement shall not be construed as a continuing waiver of other breaches of the same or other provision hereof. This Agreement shall be governed by the laws of State of South Australia.

22. DAMAGES

The Artist has the right to pursue damages under Australian Copyright Law, should there exist a violation in addition to a breach of these Terms of Service.


PAYMENT

INSTALLMENTS

The Artist requires payments to be made either a) completely up-front; or b) unless otherwise agreed upon in the Agreement of Purchase.

CURRENCY

All prices are expressed in Australian Dollars (AUD), and payments are expected to be made as such. The Purchaser is responsible for providing the correct amount, equal to the AUD amount.

METHOD

The Artist’s preferred method of payment is via direct online deposit or bank transfer. PayPal services or cheques are alternative methods of payment. The Artist will provide their payment details in the Agreement of Purchase and Invoice.

INVOICE

The Artist will provide an Invoice to the Purchaser to be completed during the Agreement of Purchase and prior to Payment. The Artist will not send the Work, until both the completed Invoice and Payment have been received by the Artist.

GST

Goods and Services Tax (GST) are not included in the sale of the Work, as the Artist is registered as a casual Sole-Trader.

PAYMENT DEADLINES

Payments are to be made within 28 days of receiving the Invoice, unless otherwise stated in the Agreement of Purchase.

CANCELLATION & REFUNDS

Please refer to Term 19 and Term 20 above for cancellation and refund policies.