Conditions of Sale for Online Artworks:
WAMA Foundation Ltd

Effective for all online art sales conducted by WAMA Foundation Ltd.

Formation of Contract

1. A contract of sale for works purchased from WAMA will not be deemed concluded until:

1. the purchaser places an order with WAMA through the WAMA e-commerce website;
2. WAMA has received payment in full and cleared funds from the purchaser for the works (at which point a “Contract” for the sale of the work is formed between WAMA and the purchaser).

2. A Contract may not be altered or cancelled once concluded by the purchaser unless agreed in writing by WAMA. Where WAMA agrees to alter or cancel an order, the purchaser must pay any costs incurred by WAMA in connection with the alteration or cancellation.

3. WAMA reserves the right to cancel an order and issue a full refund where a work is unavailable, has already been sold, or was mislisted in error (including as to price or description). WAMA will notify the purchaser promptly if this occurs.

Pricing and Payment

4. Artwork prices listed on the WAMA website are quoted in Australian Dollars (AUD) and are exclusive of GST. GST is calculated and added at checkout.

5. WAMA accepts payment by the following secure methods: credit or debit card.

Shipping and Delivery

6. Cost of delivery within Australia will be approximated based on the purchaser’s address and the size and weight of the work and notified to the purchaser. Insurance, packaging and delivery costs are payable by the purchaser in addition to the sale price of the artwork. WAMA can provide delivery assistance in terms of packaging and delivery options, including interstate or state-based courier services but it is the responsibility of the purchaser to arrange and pay for delivery.

7. WAMA does not ship internationally. Works are delivered to addresses within Australia only.

8. Once a Contract has been concluded in accordance with clause 1 above, and after the relevant exhibition closes, WAMA will email the purchaser within 15 business days to confirm delivery method.

9. Delivery times are estimates only. As delivery is carried out by a third-party carrier, delivery times are outside WAMA’s control and WAMA shall not be liable for any failure to meet estimated delivery times.

10. Risk of loss or damage to the work passes to the purchaser upon dispatch. It is the purchaser’s sole responsibility to arrange and maintain adequate insurance coverage for the work while in transit. WAMA accepts no liability for any damage, loss, or delay occurring during transit.

Returns and Refunds

11. As each artwork is an original, all sales are final and non-refundable, except where required by the Australian Consumer Law.

12. Return shipping costs are payable by the purchaser. Returned works must be sent using trackable, insured, and secure packaging equivalent to that in which the work was originally delivered. WAMA is not responsible for works lost or damaged during return transit.

13. Minor variations in an artwork’s colour, tone, or finish as displayed on a computer or mobile screen, compared with the physical work, do not constitute a fault and do not on their own qualify a work for a return or refund.

Authenticity

14. WAMA warrants that each work sold is an original, authentic piece or a high-quality print or copy created by the artist named in its listing description.

Copyright and Usage

15. Copyright in the works, and in all visual depictions of the works on the WAMA website, is held by the originators of the works. Copyright in all other materials and information on the website is held by WAMA.

16. Purchase of a physical artwork transfers ownership of that physical item only. It does not transfer any copyright, reproduction, or other intellectual property rights in the work to the purchaser.

17. No visual depiction of a work, or other material on the WAMA website, may be scanned, copied, reproduced, or otherwise used for any purpose, including commercial profit, without the prior written consent of the relevant copyright holder and, where applicable, a separate licensing agreement.

Product Description and Availability

18. WAMA aims to describe and display artworks and products online accurately. However, to the fullest extent permissible by law, WAMA disclaims and shall not be liable for inaccurate or out-of-date descriptions or displays. Actual colours of artworks may vary between computer monitors.

Privacy

19. WAMA collects and handles personal information in accordance with WAMA’s Privacy Policy, available at wamafoundation.com.au/privacy-policy.

Limitation of Liability

20. To the fullest extent permitted by law, and subject to any rights that cannot be excluded under the Australian Consumer Law, WAMA’s total liability to the purchaser arising out of or in connection with the sale of a work, whether in contract, tort, or otherwise, is limited to the sale price paid by the purchaser for that work. WAMA shall not be liable for any indirect, incidental, or consequential loss.

Applicable Law

21. This Contract for the sale of works shall be subject to and governed by the laws applicable in the State of Victoria, Australia.

22. Before commencing legal proceedings, the parties agree to first attempt to resolve any dispute arising out of or in connection with this Contract through good-faith negotiation.

This document reflects WAMA Foundation Ltd’s Conditions of Sale as at the date of issue.