11 Roslyn Gardens, Elizabeth Bay NSW 2011, Australia
Gallery Hours: Wednesday - Sunday 10am - 6pm
+61 2 9331 8481

Terms and Conditions Policy

Terms and Conditions Policy effective as of 25 June 2017

Copyright and Intellectual Property

- Copyright (c) 2016 Tortoiseshell Gallery Pty Limited www.tortoiseshellgallery.com

a) Tortoiseshell Gallery [“The Gallery”] owns and controls all the copyright and other intellectual property rights appearing on our website;
b) Has prior agreements and consent made with our exhibiting artists and third party associations for the use of images, words, logos, copyrights, and trademarks;
c) All copyright and intellectual property material on our website are reserved and protected under national and international copyright laws;
d) Tortoiseshell Gallery’s brand identity, including the Tortoiseshell logo, is legally trademarked by the Australian Government agency, IP Australia. Any third party infringement in the use of our Intellectual Property will carry significant legal ramifications.

- You may only use our website and its contents to:
a) View pages from our website;
b) Print pages from our website;
c) Share or link pages of individual artworks through social media or email only for the purposes of general gallery promotion or gallery engagement.

- Except where expressly permitted you must not use the content or material on this website:
a) For any other commercial or personal purpose other than already stated;
b) Republish material beyond the social media or email share hyperlinks;
c) Sell or redistribute material from our website;
d) Reproduce any material in public.

Enforcement of Copyright and Intellectual Property

- Any breeches of these copyrights (apart from any use as permitted under the Australian Government’s Copyright Act, 1968) will result in a thorough investigation and the relevant course of action taken to remedy the situation. This could mean legal proceedings made against you and damages sought;
- Any breeches of other intellectual property rights (including and not limited to trademarks), under the Australian Government’s Trade Marks Act 1995 and Trade Marks Regulations 1995, will result in a thorough investigation and the relevant course of action taken to remedy the situation. This could mean legal proceedings made against you and damages sought.

Permission

- If you wish to use any copyrighted or trademarked material beyond what is considered permissible you can request written permission to use our copyright or trademark material by either email or writing to us using the contact details published on this website.

Acceptance of Use

- You must not deliberately cause damage or create malicious harm that will impair this website or The Gallery’s availability and accessibility to its clients and visitors;
- You must not conduct any frivolous, unlawful, illegal or fraudulent activity that can severely jeopardise The Gallery and its users;
- You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of [or is linked to] any spyware, computer virus, Trojans, adware, worms, keystroke logger, rootkit or other malicious computer software;
- You must not conduct data collection activities which are considered and not limited to: data mining, data extraction and data harvesting on or in relation to our website;
- You must not access or interact with our website using any robot, spider, or other automated means with the exception of search engine optimising;
- You must not use any data collected or received from our website for any third party direct marketing activities;
- You agree to the terms that the information you provide The Gallery through our website is true, accurate, current, complete and non-misleading. This goes for any subsequen purchase of artworks you make.

Services Consent

- In these terms and conditions [“Services”] refers to The Gallery’s professional engagement with professional practicing artists and the service The Gallery provides in curating and managing these artworks for exhibition and sales;
- By using The Gallery services you consent to the following:
a) You consent to us the works and materials (including any images and texts) can/or will be stored, used, reproduced, adapted, and published via our website or social media platforms;
b) You consent us the right to enforce your copyright privileges concerning any images or text you provide and to bring an action in the case of infringements of these rights;
c) You consent that certain images and text will remain bound to The Gallery until such a time we feel it necessary to remove any or of all these images and texts;
d) You consent that the works and material are original and your own and do not violate or infringe upon any pre existing copyright, trademark right, or other intellectual property right of another;
e) You consent that you have not breached any contractual obligation owed to any person(s) or organisation;
f) You consent that without prejudice to our other rights under these terms and conditions if you breach any of these provisions or we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish, any or all of your content and refuse you access to our services indefinitely.

Products Consent

- In these Terms and Conditions [“Products”] refers to any artworks available for sale on our website or directly throught the Gallery. Products may also refer to artworks that have previously been on exhibition but are no longer for sale on our website and now featured in our past exhibitions page.
- By using our products you, the buyer, consent to the terms and conditions:
a) The Gallery manages works for sales on behalf of its clients [“The Artist”];
b) As the acting agent for the client, The Gallery ensures that all information we provide to potential buyers about a particular client or artwork is accurate, well formed and only to benefit that individual. We do not discuss or disclose personal information about a particular individual if it is not deemed necessary;
c) The Gallery does not breech existing obligations where artworks may also be available for sale with another organisation, unless with the prior written consent and contractual agreement from the client and its representatives;
d) All artworks are available to Australian and selected international customers. Please contact The Gallery if your country is unavailable arrangements can me made to facilitate a transaction;
e) Works that are no longer available for sale will be marked accordingly. All efforts are made to ensure that sales changes reflected online are accurate and timely;
f) You may make enquires about available artworks through the contact details published on this website or purchase artworks directly with The Gallery as an offline payment.

Insurance and Liabilities

- The Gallery is fully insured for artworks in our possession and public liability insurance; However, each artist should ensure they have their own arts insurance;
- The Gallery is a limited liability entity and you acknowledge and accept that we exclude any liabilities and warranties beyond our reasonable control including (and without limitation) those relating to our suppliers, contractors and other business partnerships;
- The Gallery does not provide refunds on purchased artworks and will not be held responsible for a change of mind after your purchase;
- To the extent any information or services we provide free of charge, we will not be liable for any loss or damage of any nature;
- We are not liable for any loss or damage to personal or commercial property when using our website;
- We will not be liable to you in respect of any personal or business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities;
- We are not liable for any third parties corruption of databases or software.

Payments

- Online card payments are our preferred option for processing purchases of artworks, We accept all major bank debit cards, Visa, Mastercard, American Express, Diners Club, and JCB credit cards. The Gallery also accepts alternative offline payments via Electronic Funds Transfer. Please select 'raise invoice' if this your preferred payment option on the selected artwork page;
- The Gallery charges a 2.7% merchant fee on all credit and debit card transactions;
- Merchant fee will be added to all online credit and debit card sales and shown as subtotal on the invoice;
- Merchant fee does not apply to payments made via Electronic Funds Transfer;
- The Gallery does not perform additional surcharges or charges to its exhibiting artist’s and customers;
- All payments to The Gallery must be paid in full before any contractual agreement is entered into;
- All purchase prices include Goods and Services Tax (unless where
stated) but exclude any shipping costs for purchased artworks or additional charges such as a custom framing, as these are determined on an individual basis and a seperate invoice raised;
- Where monies are due and a satisfactory payment not received and all endeavours exhausted, legal proceedings may ensue to recover outstanding monies.

Accuracy

- The Gallery endeavours to ensure that all information presented on this website is accurate; However, The Gallery cannot be held responsible for any dependence on this information;
- All prices quoted by The Gallery are in Australian Dollars and include Goods and Services Tax, unless where otherwise stated;
- All efforts have been made to ensure prices are accurate at time of listing. In Instances where errors become known to The Gallery immediate action will be taken to correct this;
- The Gallery and its management reserve the right to make changes to the gallery's professional services in accordance to the needs of The Gallery;
- The Gallery reserve the right to make changes to its website, terms and privacy policies to best reflect the needs of The Gallery;
- Actual colours of artworks displayed on this website may vary depending on your computer or mobile device;
- Once artworks are sold clear identification will be marked both online and in The Gallery and will remain on exhibition until the end of the exhibiting period;
- Previously exhibited artworks (including images and texts) will be retained in the archive page of our website indefinitely at the conclusion of each exhibition period.

Gallery Relationship

-  The Gallery no longer accepts unsolicited submissions from Artitsts. Subnissiions will not be responded to.  This decision is final until such a time decided only by the Gallery Director;
- The Gallery selects its Artists and all exhibitions are professionally curated and managed by the Gallery.  No other individuals are to assist unless with the prior written consent of the Gallery Director.
- The Gallery makes every commercial effort to conclude a sale to ensure the best possible outcome that will benefit The Gallery and its clients;
- The Gallery has final determination regarding the market valuation of work and gallery sales price;
- The Gallery stocks artworks for sale and viewing by exclusively selected artists only, online and in Gallery;
- Unsold artworks will be returned at a time determined by the Gallery. Works not dispatched after two weeks from first notice will become the Gallery’s property;
- The Gallery dispatches all sold and unsold artwork using specialised logistic companies;
- Artist’s will be invoiced logistic costs for returning artworks;
- Artist's may collect their artwork in person.

Variation

- Any revision of these terms and conditions will still retain any prior consent you  have agreed to between the Gallery from the last date of publication.  If you do not agree to any revised terms and conditions you must stop using our website;
- Users acknowledge that no written notice will be conveyed from the date of revision and it is the responsibility of each user to keep up to date with any revisions to the terms and conditions;
- If you do not agree to the applied revisions of our terms and conditions you must stop using our website.

Breeches to our Terms and Conditions

- If we suspect you have breeched these terms and conditions through any deliberate interference or acted unlawfully in your use of our website we will:
a) Send you one or more formal warnings;
b) Report your frivolous and unlawful activities;
c) Commence legal action against you, whether for breach of contract or otherwise.

Disputes

- The Gallery will use all available state and national legislations and regulations to settle disputes between The Gallery and its stakeholders in accordance to an Australian court should it be deemed necessary after all other efforts for a resolution have been tried.

Entire Agreement

- These terms and conditions, together with our privacy, shipping and payments policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Our Details

- This website is owned and operated by Tortoiseshell Gallery Pty Limited. We are registered in Australia under the Australian Securities and Investment Commission as a legally tradable proprietary company (Australian Business Number 83 146 411 672. Australian Company Number 146 411 672.)
- Our principal and registered place of business is at 11 Roslyn Gardens, Elizabeth Bay, 2011, NSW Australia.
- You can contact us:
a) By telephone, on the contact number published on our website or;
b) By email, using the email address published on our website or;
c) In person at The Galley’s registered place of business.

If you have any questions about our policies, website, or services provided please contact us with the attention of the Gallery Director to info@tortoiseshellgallery.com or +61 2 9331 8481. The Gallery Director or one of our staff will respond with the most appropriate and immediate recourse regarding each question or problem.