Website and Original Artwork Terms and Conditions

Last updated: 20 July 2026

Part A — General website terms

1. About these terms

These terms and conditions govern:

access to and use of The Trouble With Series website; and
enquiries, negotiations and purchases involving original artwork promoted or introduced through the website.

The website address is: The Trouble With Series website

By accessing or using the website, you agree to comply with these terms.

Where you purchase an original artwork, the transaction may also be subject to a written quotation, invoice, artwork description, condition record, delivery agreement or sale confirmation. Those documents form part of the agreement for that particular sale.

If a specific written sale confirmation conflicts with these general terms, the sale confirmation will take priority for that transaction, except where applicable law requires otherwise.

2. Website operator

The website is operated by:

James Gutans-Cole

Questions concerning the website, these terms or content appearing on the website may be submitted through our: Contact page

Operating the website does not necessarily mean that James Gutans-Cole personally owns every physical artwork, copyright, character, publication right or other intellectual-property right shown or discussed on the website.

3. Meaning of “seller”

For an artwork transaction, the seller means the person, company or other legal entity identified as the seller in the quotation, invoice or written sale confirmation.

The website operator may:

display an artwork;
receive or administer an enquiry;
communicate with a prospective buyer;
provide information; or
introduce a buyer to an owner or authorised seller

without personally becoming the seller.

The legal seller must be identified before payment is requested.

4. Meaning of “buyer” and “consumer”

The buyer means the individual, company or organisation purchasing or proposing to purchase an artwork.

A consumer means an individual acquiring goods mainly for personal, domestic or household use, where that definition applies under the relevant law.

A buyer purchasing for resale, commercial exhibition, business use, professional licensing or investment may not have the same rights as a consumer.

5. Purpose of the website

The website may contain:

information about Babette Cole’s books and characters;
book covers and interior illustrations;
biographical and publication information;
archive and catalogue information;
original-artwork previews;
information about artwork that may be available for sale;
links to publishers, booksellers and external websites;
licensing and intellectual-property information; and
contact forms for artwork, archive, press, publishing and collaboration enquiries.

The website is provided for information, appreciation, enquiry and, where expressly confirmed, the arrangement of artwork sales.

6. Accuracy of information

Reasonable care is taken when preparing website content. However, no guarantee is given that every:

date;
title;
publisher reference;
catalogue reference;
measurement;
description;
image;
price;
availability statement; or
intellectual-property statement

is complete, current or free from error.

Information may be corrected, updated or removed without notice.

Some archival, ownership, publication and rights information may remain under investigation or review.

Written confirmation should be obtained before relying on website information for a purchase, licence, publication, exhibition, valuation or other important decision.

An obvious typographical, catalogue, technical or pricing error does not create an obligation to sell an artwork or grant rights on the incorrect terms.

7. No professional advice

Website content is provided for general information only.

It does not constitute:

legal advice;
copyright or licensing advice;
tax or financial advice;
professional valuation advice;
conservation advice;
a formal authentication;
a binding provenance opinion; or
a guarantee of ownership, availability or future value.

Independent professional advice should be obtained where appropriate.

Part B — Intellectual property and website use

8. Intellectual-property ownership

Copyright and other intellectual-property rights in the books, characters, illustrations, photographs, designs, text, logos and other materials appearing on the website belong to their respective owners or licensors.

Different items and rights may be owned or controlled by different people or organisations, including:

artists;
authors;
estates;
companies;
publishers;
photographers;
licensees; and
other rights holders.

Displaying material on the website does not place it in the public domain and does not grant any general licence to use it.

9. Limited permitted use

You may:

browse publicly available pages;
view the website’s images and information;
share ordinary links to public pages; and
print a limited amount of text for private, non-commercial reference.

No other right or licence is granted merely because you access the website.

10. Prohibited use of website material

Except where expressly authorised in writing or permitted by law, you must not:

copy, reproduce or republish illustrations;
download or retain images for reuse;
make or distribute prints or reproductions;
alter, crop, trace, redraw or adapt protected material;
create derivative characters or illustrations;
use material on merchandise;
use material in advertising or promotion;
use material commercially;
remove signatures, credits, watermarks or copyright notices;
upload material to stock-image libraries, databases or archives;
falsely claim ownership or authorship;
imply approval, association or endorsement where none exists;
mint or associate material with NFTs or similar digital assets; or
permit another person to carry out any prohibited use.

Nothing in these terms restricts a statutory exception that cannot lawfully be excluded.

11. Artificial intelligence, datasets and automated extraction

Except where prior written permission has been granted by the relevant rights holder, you must not:

scrape or systematically extract website images or text;
include website material in a dataset;
use material to train, fine-tune, evaluate or develop an artificial-intelligence or machine-learning system;
upload material to an image-generation service for imitation or transformation;
create commercial imitations of protected illustrations or characters;
use automated tools to reproduce or analyse substantial amounts of website content; or
provide website material to another person for those purposes.

12. Permission and licensing requests

Requests to reproduce, publish, exhibit, licence or otherwise use website material should be submitted through the Contact page.

A request should identify:

the exact material concerned;
the proposed use;
the territory;
the language;
the media or format;
the intended audience;
the duration;
the number of copies or impressions; and
whether the proposed use is commercial.

Submitting a request does not guarantee that permission will be granted.

An enquiry may need to be referred to the relevant owner, publisher, company, estate, licensee or professional adviser.

13. Acceptable website use

You must not:

use the website unlawfully or fraudulently;
submit false or misleading information;
impersonate another person or organisation;
misrepresent an association with Babette Cole, the website or any rights holder;
interfere with the website’s operation;
attempt to access restricted systems or administrator accounts;
introduce viruses, malicious code or harmful technology;
carry out or assist a denial-of-service attack;
bypass security measures;
scrape contact information;
use automated systems to submit forms;
generate artificial traffic;
send spam, threats or abusive material; or
infringe another person’s intellectual-property, privacy or other rights.

Access may be restricted or blocked where misuse is suspected.

Serious unlawful activity may be reported to relevant authorities, hosting providers or technical-service providers.

14. Contact-form submissions

Information submitted through the contact form must be accurate, lawful and relevant to the enquiry.

You must not submit:

malicious files or code;
defamatory, threatening or unlawful material;
unsolicited advertising;
another person’s personal information without a proper basis;
confidential information you are not authorised to disclose;
unnecessary sensitive information; or
content that infringes another person’s rights.

Personal information is handled in accordance with the website’s Privacy Policy.

15. Unsolicited creative material

Please do not submit unpublished manuscripts, scripts, story ideas, character concepts, illustrations, pitches or other creative material unless you have first been invited to do so.

Unsolicited material:

may not be reviewed;
will not automatically be treated as confidential;
does not establish a professional, fiduciary or contractual relationship;
does not create an obligation to respond;
does not create an entitlement to compensation; and
does not restrict the independent creation or development of similar ideas.

16. External websites

The website may link to booksellers, publishers, social platforms, artwork websites and other third-party services.

External services operate under their own:

terms;
privacy policies;
prices;
payment arrangements;
delivery policies; and
returns procedures.

The website operator does not control or accept responsibility for external content, availability, security, purchases or privacy practices.

A link does not necessarily imply endorsement, approval or a formal commercial relationship.

17. Linking to this website

You may link to a publicly available page where the link:

is accurate and lawful;
does not damage another person’s reputation;
does not falsely imply approval or association;
does not reproduce website content; and
is not placed alongside unlawful, misleading or harmful material.

You must not:

frame the website within another website;
display website images through inline linking;
use website branding deceptively; or
suggest an official partnership where none exists.

Permission to link may be withdrawn where a link is misleading, unlawful or harmful.

18. Website availability

The website may be updated, redesigned, restricted, suspended or discontinued without notice.

No guarantee is given that:

the website will always be available;
access will be uninterrupted;
every feature will operate correctly;
errors will always be corrected immediately;
content will remain permanently available; or
the website will be free from malicious third-party interference.

You are responsible for maintaining appropriate security and backups on your own device.

Part C — Original artwork enquiries and sales

19. Individual assessment of every artwork sale

Every original artwork is unique.

Each proposed sale will be assessed individually, including:

the artwork’s availability;
physical ownership;
authority to sell;
condition;
description;
provenance information;
price;
seller identity;
buyer identity;
payment;
delivery;
insurance;
customs requirements;
cancellation rights;
returns; and
any other transaction-specific condition.

No general statement on the website guarantees that:

an artwork is available;
an artwork will be sold;
a stated price remains available;
an artwork has been reserved;
a return will be accepted; or
a refund will be provided.

The quotation, invoice, sale confirmation, condition record and written correspondence for the particular artwork should be read together.

20. Seller identity and authority

The legal seller will be identified in writing before payment is requested.

The seller must be:

the legal owner of the physical artwork;
a properly authorised agent;
a company authorised to sell it; or
another person with lawful authority to complete the transaction.

The website operator may administer an enquiry without personally becoming the seller.

21. Availability and withdrawal

Artwork displayed on the website may be:

available;
provisionally reserved;
sold;
withdrawn;
unavailable;
awaiting cataloguing;
undergoing ownership or condition checks; or
displayed solely for archive or illustrative purposes.

An enquiry does not reserve the artwork.

Before a binding contract is formed, the seller may reasonably withdraw or decline a proposed sale, including where concerns arise regarding:

ownership;
authenticity;
attribution;
authority to sell;
the buyer’s identity;
payment security;
fraud;
sanctions;
export or import restrictions;
delivery or insurance;
physical condition; or
a catalogue or pricing error.

Any cleared payment received for a transaction that cannot lawfully proceed will be returned.

22. Artwork descriptions

An artwork description may include:

the book or project with which it is associated;
catalogue or artwork reference;
artist attribution;
medium and materials;
image dimensions;
sheet, board, mount or frame dimensions;
signatures or inscriptions;
working or editorial marks;
known provenance;
condition information;
framing or mounting details; and
known restoration or alteration.

Measurements may be approximate unless expressly stated otherwise.

Original illustration artwork may show features associated with its creation, working history and age, including:

pencil marks;
editorial notes;
registration marks;
corrections;
adhesive residue;
pinholes;
mount marks;
creases;
handling marks;
discolouration;
surface wear;
paint loss; and
other age-related characteristics.

A feature disclosed before sale does not become a defect merely because the buyer later dislikes it.

23. Condition record

Before completion of a sale, the seller may prepare a dated condition record containing:

written condition information;
measurements;
photographs;
video;
details of mounts, frames or backing;
identifying marks;
known damage or restoration; and
any other material information.

The condition record is intended to document the artwork before dispatch and to assist with any later delivery, insurance or condition enquiry.

It is not a professional conservation report unless expressly described as one.

24. Website images and colour representation

Website photographs are provided for identification and general illustration.

The appearance of an artwork may be affected by:

lighting;
photography;
image compression;
screen calibration;
display brightness;
contrast settings; and
differences between digital and physical media.

Minor differences in colour, brightness, paper tone, texture or apparent scale do not by themselves establish that the artwork was misdescribed.

Known material condition issues should nevertheless be disclosed before the sale.

25. No digital file or reproduction licence

The sale of a physical artwork does not include:

a high-resolution scan;
a print-ready file;
an editable digital file;
a digital reproduction;
original production files;
a copyright assignment;
a publishing licence; or
a commercial reproduction licence.

Any image supplied during an enquiry is provided only for identification, condition review, insurance or private record-keeping unless otherwise agreed in writing.

Images supplied to prospective buyers may be:

watermarked;
cropped;
reduced in resolution; or
otherwise limited to protect the artwork and its intellectual property.

26. Buyer’s opportunity to review the artwork

Before accepting a quotation, the buyer should review all information supplied and ask any questions material to their decision.

A prospective buyer may request:

further photographs;
measurements;
clarification of the description;
condition information;
information about framing or mounting;
delivery details;
insurance details; or
an in-person or video inspection where reasonably practical.

The seller may decline requests for unrestricted high-resolution scans or other material that creates an unreasonable copying or intellectual-property risk.

Acceptance of the sale terms confirms that the buyer had a reasonable opportunity to review the supplied information and raise questions.

27. Enquiries

Submitting an artwork enquiry does not:

constitute an order;
reserve the artwork;
fix a price;
create a contract;
oblige the seller to proceed; or
grant access to high-resolution images.

An automated website or Formspree acknowledgement merely confirms receipt of the enquiry.

28. Quotations

Where the seller is willing to proceed, the buyer may receive a written quotation identifying:

the seller;
the artwork;
its reference and description;
the price;
currency;
taxes where applicable;
packing costs;
delivery and insurance costs;
payment method;
payment deadline;
quotation expiry date;
cancellation or returns information; and
any special sale condition.

The quotation may be withdrawn before acceptance if a material error, ownership concern, payment concern or other legitimate issue is discovered.

29. Reservations

An artwork is reserved only where the seller confirms the reservation in writing.

A reservation may:

expire at a specified time;
require a deposit;
require full payment;
require acceptance of the sale terms;
depend on identity or payment checks; or
be withdrawn if a stated condition is not met.

Unless otherwise confirmed, the seller may continue communicating with other interested parties until a binding contract is formed.

30. Formation of the sale contract

A binding sale contract is formed only when:

the legal seller has been identified;
the particular artwork has been identified;
its description, condition, price and delivery arrangements have been confirmed;
the buyer has accepted the applicable terms in writing; and
the seller has confirmed acceptance or received the required cleared payment.

A contact-form submission, automated acknowledgement or informal discussion does not by itself create a contract.

31. Buyer eligibility and authority

The buyer must:

be at least 18 years old;
have legal capacity to enter the transaction;
provide accurate information;
use an authorised payment method; and
have authority to act for any company, trust or organisation named as buyer.

The seller may decline a transaction where reasonable doubts exist regarding authority, identity or payment.

32. Prices and currency

The applicable price and currency will be stated in the quotation or invoice.

Unless expressly stated otherwise:

delivery is additional;
specialist packing is additional;
insurance is additional;
customs duties are additional;
import taxes are additional; and
currency-conversion and bank charges are the buyer’s responsibility.

The buyer will be informed of the total amount payable before becoming bound, to the extent required by applicable law.

33. Payment and deposits

Payment must be made through the method and by the deadline stated in the quotation or invoice.

Full cleared payment may be required before dispatch.

A deposit will be refundable or non-refundable only as stated in the transaction-specific terms and only to the extent lawful.

A deposit or payment may be retained only where there is a proper legal or contractual basis, such as reasonably incurred costs or loss arising from the buyer’s breach. It must not operate as an unlawful penalty.

34. Fraud, identity and compliance checks

The seller may require reasonable information to verify:

buyer identity;
billing and delivery addresses;
payment ownership;
authority to act for another person or organisation;
the ultimate recipient;
source of funds where appropriate;
sanctions compliance;
export compliance; or
anti-money-laundering obligations.

A proposed transaction may be delayed or declined if reasonably requested information is not supplied.

Where UK art-market rules apply, a person trading in or acting as an intermediary in qualifying sales of works of art may have registration and customer-due-diligence duties. From 30 June 2026, the relevant UK art-market threshold is £10,000 for a transaction or linked transactions.

35. Packaging

Artwork will be packaged using a method considered reasonably appropriate for its:

size;
medium;
age;
condition;
value;
mount or frame; and
delivery method.

Packaging may include:

protective sleeves;
acid-free or archival materials;
backing boards;
corner protection;
rigid packaging;
reinforced boxes;
specialist art packaging; or
professional packing services.

The seller may retain dated photographs or video of the artwork and packaging before the parcel is sealed.

36. Delivery and insurance

Delivery arrangements will be confirmed separately for each artwork.

Depending on the transaction, delivery may require:

tracked delivery;
signature on receipt;
transit insurance;
restricted delivery to the named buyer;
a specialist art courier;
professional handling; or
collection by prior arrangement.

The buyer must provide an accurate and secure delivery address.

Delivery dates are estimates unless expressly agreed as binding.

The seller may decline a proposed delivery method or destination where adequate tracking, insurance or security is unavailable.

37. International delivery and export requirements

International sales will be considered individually.

The seller may delay or decline an international transaction where concerns arise concerning:

customs;
export licensing;
import restrictions;
sanctions;
insurance;
delivery security;
cultural-property rules; or
the risk of loss or damage.

Unless the quotation states otherwise, the buyer is responsible for destination-country duties, taxes, brokerage charges and import requirements.

Works exported from Great Britain may require cultural-goods export checks or licences depending on factors such as the work’s age, category and value.

38. Transfer of legal ownership

Legal ownership of the physical artwork passes only when:

the seller has received full cleared payment; and
any additional condition stated in the sale confirmation has been satisfied.

Possession of the artwork before full payment does not transfer legal ownership unless expressly agreed otherwise.

39. Transfer of risk

Risk of accidental physical loss or damage passes at the point required by applicable law and the agreed delivery arrangements.

Where a consumer delivery is arranged by the seller, risk will normally pass when the artwork is delivered to the buyer or another person nominated by the buyer to receive it.

Where the buyer independently appoints a carrier not offered or arranged by the seller, different risk arrangements may apply and should be confirmed in writing.

40. Inspection immediately after delivery

The buyer should inspect the external parcel before opening it and inspect the artwork as soon as reasonably practicable after delivery.

Where damage is suspected, the buyer should:

photograph the unopened parcel;
photograph visible external damage;
photograph each stage of unpacking;
retain every part of the packaging;
avoid altering or repairing the artwork;
note visible damage with the courier where possible; and
contact the seller promptly.

Notification within 48 hours is strongly requested because courier and insurance claims may be time-sensitive.

The 48-hour request does not remove a mandatory right that applies for a longer period.

41. No voluntary change-of-mind returns

Except where expressly agreed in writing before the sale or required by applicable law, the seller does not offer a voluntary return, exchange, credit note or refund merely because the buyer:

changes their mind;
decides they no longer like the artwork;
expected a different appearance already accurately described;
cannot display it;
finds another artwork they prefer;
experiences financial difficulty;
wishes to resell it;
no longer has a use for it;
considers its future value disappointing; or
failed to review the supplied dimensions, condition information or photographs.

Australian consumer guarantees generally do not require a remedy where the consumer simply changes their mind, no longer likes the item or knew about the relevant issue before purchase.

42. Statutory cancellation rights

A cancellation right will apply only where:

applicable law requires it; or
the seller expressly agrees to provide one in writing.

Whether a statutory cancellation right applies may depend on:

the identity and location of the seller;
the buyer’s location;
whether the buyer is a consumer;
whether the transaction was entirely concluded at a distance;
whether the buyer inspected the artwork in person;
whether the artwork was personalised or altered at the buyer’s request; and
the governing law of the sale.

Where UK distance-selling law applies to a trader-to-consumer sale, the buyer may ordinarily have a 14-day cancellation period for goods. An existing unique artwork is not automatically excluded merely because it is original or rare.

Any legally required cancellation information will be provided with the quotation or sale confirmation before the buyer becomes bound.

43. Return authorisation

No artwork may be returned without first contacting the seller and obtaining written return instructions, except where applicable law expressly provides otherwise.

Return instructions may specify:

the authorised return address;
the named recipient;
the return deadline;
the required packaging;
insurance requirements;
the permitted carrier;
tracking requirements;
customs documentation; and
the documents that must accompany the artwork.

An unsolicited return for which no legal or contractual return right exists may be refused.

The seller is not responsible for avoidable costs caused by a buyer disregarding reasonable return instructions.

44. Protection of artwork pending assessment or return

While an artwork is subject to a complaint, cancellation request, inspection or proposed return, the buyer must take reasonable care of it.

The buyer must not:

remove the artwork from its mount, frame, backing or protective sleeve;
clean, restore, retouch or repair it;
erase or alter working marks;
apply tape, labels, adhesives or fixings;
trim, fold, roll or flatten it;
expose it to excessive light, heat, damp, smoke or contamination;
allow unauthorised handling by a conservator, framer or other third party;
publicly exhibit it;
professionally photograph or scan it;
make or retain a high-resolution reproduction;
publish or distribute images of it;
upload it to an artificial-intelligence service;
create prints, merchandise or digital assets;
licence or commercially exploit it; or
permit another person to do so.

Reasonable photographs taken solely to record genuine delivery damage or support an insurance claim are permitted.

A cancellation request, return or refund does not grant permission to reproduce the artwork.

Unauthorised copying or reproduction remains a separate potential infringement even if the physical artwork is subsequently returned.

45. Condition of returned artwork

Any authorised return must include:

the original artwork supplied;
its original mount, frame or backing where included;
certificates or accompanying documentation;
original protective materials where reasonably reusable; and
any other item supplied as part of the transaction.

The artwork must be securely packaged and protected to a standard appropriate to its condition and value.

Where permitted by law, the buyer may be responsible for:

damage caused after delivery;
loss caused by unreasonable handling;
diminished value caused by handling beyond what was reasonably necessary;
inadequate return packaging;
unauthorised alteration;
unauthorised framing, cleaning or restoration;
failure to follow reasonable return instructions; or
failure to use an appropriate tracked and insured service.

The seller may compare a returned artwork against:

the original condition record;
pre-dispatch photographs;
packing records;
courier records;
delivery photographs; and
identifying marks.

46. Assessment of a complaint or proposed return

Every complaint will be assessed individually.

The assessment may consider:

the agreed artwork description;
the condition record;
pre-dispatch photographs or video;
the buyer’s photographs;
packaging condition;
delivery records;
courier evidence;
when and how the issue was reported;
whether the artwork was altered or mishandled;
whether an issue was disclosed before sale;
independent conservation evidence where appropriate; and
applicable consumer law.

The seller may reasonably require the artwork to be returned and inspected before deciding whether:

a fault exists;
the issue occurred before or after delivery;
the artwork was materially misdescribed;
the artwork has been altered;
a remedy is required; and
what remedy is appropriate.

This assessment does not permit the seller to refuse a remedy that applicable law makes mandatory.

47. Buyer-caused damage and disclosed issues

A buyer is not entitled to a remedy for an issue caused by:

negligent or improper handling;
unsuitable display or storage;
excessive light, heat, moisture, smoke or contamination;
removal from a mount or frame;
attempted cleaning or restoration;
accidental damage occurring after delivery;
handling by another person;
failure to follow care instructions; or
another act or omission occurring after risk passed to the buyer.

A buyer is also not entitled to a remedy merely because of a characteristic that was clearly disclosed and accepted before purchase.

This does not prevent consideration of a separate undisclosed defect.

48. Damaged, incorrect or materially misdescribed artwork

The buyer should contact the seller promptly if the artwork:

arrives damaged;
is not the artwork purchased;
materially differs from the agreed description;
lacks legal title the seller was required to provide; or
otherwise fails a mandatory consumer guarantee.

Because original artwork is unique, an identical replacement may be impossible.

Any remedy will be determined case by case, having regard to:

the nature and seriousness of the issue;
its cause;
whether conservation or repair is appropriate;
whether the buyer wishes to retain the artwork;
whether a price adjustment is appropriate;
whether rejection is legally available;
whether a refund is legally required; and
the applicable consumer law.

Under Australian consumer law, the available remedy may depend on whether the failure is major or minor; mandatory remedies cannot be removed by a “no refunds” clause.

49. Return costs

For a voluntary return expressly agreed by the seller, the buyer will normally be responsible for:

appropriate packaging;
tracked and insured delivery;
customs documentation;
taxes and duties;
brokerage charges; and
other return expenses.

Where a mandatory cancellation right applies, responsibility for return costs will be determined by:

the information provided before sale;
the transaction-specific terms; and
applicable law.

Where an artwork is established to have been damaged before risk passed, supplied incorrectly or materially misdescribed, reasonable return costs will be handled as required by applicable law.

50. Refunds and other remedies

A refund is not automatically due merely because:

a complaint has been made;
a return has been requested;
an artwork has been posted back; or
the buyer no longer wants it.

Where permitted by law, the seller may wait until:

the artwork has been received and inspected; or
satisfactory evidence of return has been supplied

before processing a refund.

Where lawful, a deduction may be made for:

diminished value;
unreasonable handling;
buyer-caused damage;
missing components;
unauthorised alteration; or
another loss for which the buyer is legally responsible.

Where a refund is legally due, it will normally be issued:

through the original payment method;
in the original currency where practicable; and
within the period required by applicable law.

The seller is not responsible for exchange-rate changes or charges imposed by the buyer’s bank or payment provider, except where the law requires otherwise.

51. Physical ownership does not include copyright

Purchasing an original physical artwork transfers only the physical object, subject to the applicable sale terms.

It does not transfer:

copyright;
publishing rights;
reproduction rights;
merchandising rights;
adaptation rights;
animation rights;
film or television rights;
digital rights;
character rights;
artificial-intelligence training rights; or
any other intellectual-property right.

Those rights remain with the relevant copyright owner or rights holder unless transferred or licensed through a separate written agreement signed by an authorised party.

52. Buyer photography and reproduction

The buyer may take reasonable private photographs for:

insurance;
security;
collection records;
condition records; or
private personal reference.

Unless separately licensed in writing, the buyer must not:

create or sell reproductions;
publish a high-resolution scan;
manufacture prints;
use the artwork on merchandise;
licence the image to another person;
use it in advertising;
upload it to a stock library or public database;
mint it as an NFT;
use it in an AI-training dataset;
use it to generate derivative commercial imagery; or
otherwise exploit it commercially.

These restrictions continue to apply after resale, cancellation, return or refund.

53. Resale and future value

No representation or guarantee is made regarding:

future resale value;
investment return;
auction performance;
future attribution;
future demand;
acceptance by an auction house or gallery;
inclusion in an exhibition;
publication in a catalogue; or
future scholarly opinion.

A buyer purchasing for investment or resale should obtain independent advice.

54. Business buyers

Where an artwork is purchased mainly for:

business use;
professional exhibition;
resale;
commercial publication;
commercial licensing; or
another non-consumer purpose,

additional written terms may apply.

Consumer protections may differ for a business buyer.

Part D — General legal provisions

55. Privacy

Personal information is handled in accordance with the website’s Privacy Policy.

Information may be shared with the legal artwork owner, seller, insurer, courier, adviser or authorised representative where reasonably necessary to evaluate or complete the enquiry.

56. Limitation of liability for website use

To the maximum extent permitted by law, the website operator is not liable for loss arising solely from:

temporary website unavailability;
reliance on outdated or incomplete general information;
use of an external website;
technical faults outside reasonable control;
malicious third-party activity;
an enquiry that fails to arrive; or
a decision made without obtaining appropriate written confirmation.

Nothing in these terms excludes liability where exclusion would be unlawful.

57. Liability relating to artwork sales

The seller’s liability for an artwork transaction is governed by:

these terms;
the sale-specific written documents;
the condition record;
the governing law; and
any consumer right that cannot lawfully be excluded.

Nothing in these terms excludes, restricts or modifies a mandatory consumer guarantee, cancellation right or remedy.

58. Events outside reasonable control

Neither the website operator nor the seller is responsible for delay or failure caused by circumstances outside reasonable control, including:

fire;
flood;
natural disaster;
war;
civil unrest;
public-health emergencies;
industrial action;
customs delay;
transport disruption;
courier failure;
telecommunications failure;
cyberattack;
government restrictions; or
export or import controls.

Reasonable steps will be taken to communicate a material delay and identify an appropriate solution.

This section does not remove mandatory consumer rights.

59. Complaints

A complaint should be submitted through the Contact page and should include:

the buyer’s name;
artwork reference;
transaction details;
a clear description of the issue;
photographs where relevant;
details of the packaging and delivery;
supporting documents; and
the outcome sought.

The parties should attempt to resolve the issue reasonably and in good faith.

Nothing in this section prevents a person from using a court, tribunal, regulator or consumer-protection process available under law.

60. Governing law for website use

General use of the website is governed by the laws of Victoria, Australia, together with applicable Commonwealth laws of Australia.

The courts of Victoria and courts entitled to hear appeals from them will have non-exclusive jurisdiction over disputes relating to general website use.

61. Governing law for artwork transactions

An artwork sale will be governed by:

the law expressly identified in the written sale confirmation; or
where none is specified, the law determined under applicable conflict-of-law principles.

Any mandatory consumer protection that applies to the buyer remains unaffected.

62. Changes to these terms

These terms may be updated to reflect changes in:

the website;
artwork ownership;
sales procedures;
delivery methods;
payment arrangements;
technology;
consumer law; or
other legal requirements.

The current version will be published on this page with its revision date.

Changes will not retrospectively alter an existing sale agreement unless:

the parties agree; or
the change is required by law.

63. Severability

If any provision is found to be invalid, unlawful or unenforceable, it will be read down or removed only to the minimum extent necessary.

The remaining provisions will continue in effect.

64. No waiver

A failure or delay in enforcing a right does not mean that the right has been waived.

65. Entire agreement

For general website use, these terms and the Privacy Policy form the agreement between the visitor and the website operator.

For an artwork transaction, the complete agreement may include:

these terms;
the relevant artwork listing;
the written quotation;
the invoice;
the condition record;
delivery and insurance information;
the written sale confirmation; and
any additional condition expressly accepted by the buyer and seller.

66. Third-party rights

Unless a sale document expressly states otherwise, a person who is not a party to the relevant agreement has no right to enforce its terms.

This does not affect the rights of an identified copyright owner, artwork owner or other person whose rights are protected independently by law.

67. Contact

Questions concerning:

website use;
artwork availability;
purchases;
copyright;
licensing;
delivery;
complaints;
returns; or
these terms

should be submitted through our: Contact page