Urth Gallery Terms and Conditions

What is Urth Gallery?

1. The Urth online gallery (Gallery) is an online space where artists (Artists) offer for sale artworks (Works) to collectors, users and members of the public (you).
2. The Urth online gallery, located at 5/74 Centennial Circuit, Byron Bay, NSW, 2481, Australia (Gallery), is owned, controlled and operated by Gobe Corp Pty Ltd (ACN 163 651 081) (Urth, we, our, and/or us).

Purpose of Urth Gallery

3. The purpose of the Gallery is to:
   1. Provide an online gallery for the Works;
   2. Promote the Works;
   3. Offer Works for sale and facilitate the purchase of the Works.

Our Gallery Terms and Conditions of Use

4. As a condition of browsing, using and purchasing from the Gallery, you agree to the following terms and conditions (Terms). These Terms apply to all Works purchased via the Gallery.
5. BY BROWSING, USING OR PURCHASING FROM THE GALLERY, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD STOP BROWSING, USING OR PURCHASING FROM THE GALLERY IMMEDIATELY.
6. We may vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to browse, use and purchase from the Gallery you agree to be bound by the Terms as varied from time to time.
7. By accepting these Terms, you also acknowledge that you have read our Privacy Statement available here and to the extent permitted by law, you consent to how we collect, handle and use your Personal Information in accordance with our Privacy Statement.
8. We reserve the right to introduce additional functions and services on the Gallery at any time without notice to you.
9. We may restrict your rights to browse, use and purchase from the Gallery if you breach these Terms or for any other reason (in our sole discretion).
10. To purchase Works via the Gallery, you must be over 16 years of age.
11. Any questions about these Terms can be directed to our customer support team.

User Accounts

12. You may but are not required to set up a registered user account to use the Gallery and purchase Works from the Gallery. If you register a user account with us, you will enjoy an increased level of functionality from the Gallery.
13. You can register a user account by providing us with a username, password, email address and such other details as we reasonably require from time to time.
14. You will be required to create a unique password to obtain access to your user account. You are solely responsible for maintaining the confidentiality of your password and undertake not to allow the security of your user account to be compromised through misuse of your password. You must immediately notify our customer support team of any suspected misuse of your password.
15. Without limiting any other rights which we may have to communicate with you, you agree that Urth may send e-mails to the nominated e-mail address for your user account for notification purposes regarding the Gallery (including in relation to any updates to these Terms and Privacy Statement).

Purchasing Works at Urth Gallery

16. Urth offers Works for sale through the Gallery.
17. By placing an order via the Gallery (Order), you are offering to purchase Works on and subject to these Terms. You agree that Urth has the right to accept or reject an Order for any reason at any time, and all Orders are subject to availability.
18. Each Order accepted by Urth is a separate and binding agreement between you and Urth in relation to the purchase of that Work.
19. When we receive an Order, you will receive a confirmation email acknowledging your Order. We will then carry out a standard pre-authorisation check to make sure there’s enough money on your card to complete the Order. We will only be in a position to accept your Order (subject to our rights under clause 20 to reject an Order) once payment has been approved and we have debited the payment card.
20. Occasionally, we may need to cancel an Order (even if we have previously accepted your Order) or freeze or close any account you may have with the Gallery. We will only take such action if we notice unusual activity with an Order or your account. If this happens to you and you think we’ve made a mistake, please get in touch with our customer support team and they’ll be happy to chat to you about it. If we cancel an Order, we will provide a full refund of all monies paid to us in relation to the cancelled Order.
21. Product prices and shipping fees are displayed in the Gallery or otherwise provided in these Terms below. We reserve the right to change pricing at our discretion and without notice to you. The Prices are in the local currency from the store which you purchase the products from. Prices included in the order total including any taxes applicable.
22. To purchase products via the Gallery, we accept Visa, Mastercard, American Express, PayPal, AfterPay, Bitcoin and Ethereum. We use a number of third party payment processors, including Shopify payments, PayPal, POLI, Afterpay and Coinbase, to process all credit card payments and do not collect or record any credit card details provided by you when making purchases via the Gallery. We are not responsible for any credit card fees or surcharges (including any currency conversion fees) that your bank may charge.

Shipping of Artwork

23. After we accept your Order relating to Works and provided we do not cancel the Order under clause 20 above, we will ship the Work to your nominated delivery address as set out in clauses 24 and 25.
24. Before you finalise your Order, you can choose free standard shipping, or express shipping at an additional cost for your Work. Please note that the indicative delivery timings provided are ‘estimates only’ and can be affected by local circumstances such as postal or logistics delays or bad weather. See our Delivery & Shipping page for more info or get in touch with our customer support team if you have any issues or questions.
25. You agree that we are not responsible for any loss suffered by you where an Order is not processed or delivered within the estimate time frame. We will notify you via email if there are any significant processing or delivery delays in relation to your Order.

Title and Risk

26. Title in a Work contained in an Order does not pass to you until full payment in cleared funds is received by us for that Work.
27. Risk in a Work is passed to you when the Work leaves the Gallery address.

Australian Consumer Law

28. Our goods and services come with consumer guarantees specified in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) which cannot be excluded by these Terms. Nothing in these Terms will override your rights as a consumer or otherwise at law.

Returns and refunds

29. We are sure that you will love our artworks as much as we do. However, and subject always to clause 30 of these Terms and your rights under the Australian Consumer Law (if applicable), we do not offer refunds for returns due to ‘change of mind’ unless we otherwise agree in writing.
30. If you believe your product is faulty or was different to the product you purchased, please contact and confirm the following information: 
    1. customer name;
    2. date of purchase;
    3. order number;
    4. product/s being returned;
    5. reason for return; and
    6. outcome requested (for example full refund, a replacement, repair or credit).
31. If you discover that any Work is faulty or damaged, you must return the Work to us within 30 days of receipt of purchase.
32. Where you wish to return a product under clause 32 and we determine the product is faulty, you will be entitled to a full refund on the relevant purchase price (including postage costs), replacement (if available), exchange or credit.  We will also pay any applicable return shipping costs.
33. Where you wish to return a product under clause 32 and we determine the product is not the product ordered, we will send you the correct order. We will also pay any applicable return shipping costs.

Intellectual Property

34. Urth is an authorised licensee of the Urth trade mark in Australia, which is owned by Gobe Corp UK Ltd.
35. Subject to clause 39 below, we are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Gallery (Content). You may download, view, copy and print any Content for personal, informational and non-commercial purposes only. All other uses are strictly prohibited.
36. While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Gallery or the Content for any other purpose.
37. Unless otherwise stated, we are not the copyright owner of the images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Works that are displayed for sale in the Gallery (Artist Content). Artists retain ownership of all rights (including copyright), title and interest in their Works and any related biographical material listed on the Gallery. Artists grant us a licence to use Artist Content on the Gallery. You must not download, view, copy and print any Artist Content for any personal, informational, commercial or any other purpose.

Collector’s Rights to Works

38. When an Order relating to Works is delivered to you, you receive a physical copy of the Work.
39. By purchasing a Work via the Gallery, you acknowledge and agree that you do not receive any legal ownership, rights, or title to any copyrights, trademarks, or other intellectual property rights contained in the Works, other than the limited licences granted to you under clause 42 below in relation to the Work.
40. You are entitled to exhibit the Work commercially on a limited basis (that being in a physical art gallery, a restaurant, a café or a hotel only) or privately, subject to any exhibiting restrictions the Artist has attached to the Work (as listed on the Gallery).
41. You agree that you may not, or permit any third party, to do or attempt to do anything relating to the Work that does not observe the moral rights (given meaning as set out in the Copyright Act 1968 (Cth) and any similar moral rights under the law of a country other than Australia) (Moral Rights) of the Artist or in any way which otherwise infringes the Moral Rights of the Artist. When exercising all rights provided to you in relation to the Work under these Terms including under clause 42 and you must ensure you correctly attribute the relevant Artist as the creator of a Work.

Re-sale of Works via Urth Gallery

42. You may re-sell a Work via the Gallery by contacting support@urth.co and nominating your price for the Work.  Where a Work is re-sold via the Gallery, the Artist will receive a commission of 10% of the total re-sale price of the Work (Artist Re-sale Commission).
43. Where a Work is re-sold via the Gallery, Urth will receive 20% of the total re-sale price of the Work.

Third Party Links

44. The Gallery may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided on those third party websites. You agree we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

Your Obligations

45. You agree that you will not:
    1. use the Gallery for any purpose that is illegal, unlawful or prohibited by these Terms of Use; or
    2. interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the proper working of the Gallery or any Content, including (without limitation) through:
       1. hacking or use of automated devices, scripts or bots;
       2. destructive transmission of viruses, malware or any code or other conduct of a disruptive or destructive nature;
       3. reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code; or
       4. other illegitimate means;

Limitation of Liability

46. Subject always to clause 30 of these Terms and only to the extent permitted by law, Urth:
    1. does not make any representations, warranties or guarantees in relation to the supply of goods and services by Urth via the Gallery; and
    2. disclaims all liability (whether based in negligence or any other tort, contract, statutory liability or otherwise) in connection with any loss and/or damage arising out of or in connection with your use of, or reliance on, the Gallery.

Indemnity

47. As a further condition of using the Gallery, you must indemnify us against all direct, quantifiable, and reasonable Loss suffered by us and/or our representative (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a result of you breaching these Terms of Use, or otherwise from your use of the Gallery.

Governing Law

48. The Terms are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia without giving effect to any conflict of laws principles and you agree that the courts of the State of New South Wales, Australia will exclusively adjudicate over any dispute in relation to these Terms.
49. This Gallery may be accessed from outside Australia. We make no representation that the Content available through this Gallery complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Gallery from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.