Our Service

The Rose Street Store acts as a service provider for makers looking to sell their wares, and individuals interested in purchasing locally made art and design, through an online marketplace. This site is operated by The Rose St. Artists' Market, which operates art and design based markets right across Victoria, and offers Australian craft to a global audience of lovers of all things handmade.

Introduction

Before you use the Rose Street Store website you must read, agree with and accept all of these Terms and Conditions of Use, and policies. These policies change from time to time, and they form part of these Terms and Conditions of Use.

The Rose Street Store reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions of Use at any time, effective immediately upon publishing on the website (www.rosestmarket.shuup.com).

If at any time these Terms and Conditions are no longer acceptable to you, you should immediately cease use of this website. If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use the The Rose Street Store website.

Definitions

Maker: Maker is defined as the person who created the original work, has the right to sell the work, and is selling the work via the Rose Street Store website.

Purchaser: Purchaser is defined as the person who has made a purchase on the Rose Street Store website through an online payment.

Member: Member is defined as any person who has created an account on the website, whether they are an Artist or a Purchaser.

User: User is defined as any person, member or not, who browses or uses the website for any purpose.

Content: Content is defined as data, text, images, usernames, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by The Rose Street Store or a member of the website.

Artwork: Artwork is defined as any piece of original work that is offered for sale on or sold via the website.

Copyright: Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer to the information sheets on Artists & Copyright, Infringement, or the Copyright Act 1968.

Original: Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies and reproductions are not considered original for the purposes of these terms and conditions. Copyright must belong to the creator of an artwork in order for it to be considered original.

Product Requirements

• Products must be your own and not mass produced or purchased via a third party for resale.
• Works must show creativity, uniqueness and clear consistency on quality.
• Materials used are to be of artist grade quality, safe and stable.
• Makers should show an accomplished level of creative ability and technique.
• The maker must not produce work which infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• Makers must not produce work of an inappropriate nature e.g. pornographic, fascist, racist, homophobic, xenophobic, anti-semitic, violent or offensive to certain religions.
• If approval is not met, artists may be liable for excess shipping charges.
• Any artists found to be listing products that have not been approved, will be deactivated from website. This may occur at any time without prior notice.
• All artist approvals are at the discretion of The Rose Street Store.

Prices and Sales Practice

All prices shown on the The Rose Street Store website are in Australian Dollars (AUD). Prices of artworks shown on the website are set at the discretion of the Maker All prices displayed on The Rose Street Store must be equal to, or lower than artwork offered for sale elsewhere.

This means Makers explicitly agree to not price artwork listed on The Rose Street Store at a lower price on personal websites, exhibitions, other online galleries & marketplaces.

By using The Rose Street Store, Makers are required to complete all sales on the website which come from a Rose Street Store lead. This includes introductions initiated via social media where buyers are known to have discovered the artist via The Rose Street Store. Best practice for artists who receive direct enquiries is to ask where the potential buyer discovered their artwork. In cases where the buyer advises The Rose Street Store then the artist should direct the buyer to complete the transaction on The Rose Street Store website.

Service Region

The Rose Street Store services and ships within the Australian community and globally, including (but not limited to) the USA, UK, Europe and Asia at the discretion of the Maker.

Acceptable Content

The Rose Street Store aims to promote hand-made, original works and only allows other works created and/or modified by a maker, on a discretionary basis. Artists wanting to list their works must apply for approval.

Unacceptable Content

Users posting content on the site must not infringe any copyright and/or intellectual property rights of any person, entity, organisation, trademark or other. Users must not misrepresent content, including artwork for sale, in the picturing and description of that content.

The Rose Street Store does not accept content that is obscene in any way, pornographic, indecent, inflammatory, defamatory or racist to any person or group of people. Artistic licence is accepted at the discretion of The Rose Street Store.

The content posted on the website must not be fraudulent or illegal in any manner nor contain viruses, Trojan horses, worms, or any other programming that may interfere, disrupt or corrupt the smooth operations of the entire website, including all databases.

The Rose Street Store encourages all users to the site to report any inappropriate content the Contact Us page. The Rose Street Store will not manually screen all postings and therefore welcomes the assistance from the community where possible.

The Rose Street Store has the right but has no obligation, to remove any content posted at its absolute discretion. The Rose Street Store does not condone the posting of inappropriate content and makes a concerted effort to remove such content as soon as possible.

All live listings, that are available to be purchased must be available for sale and physically exist. Listings that are "Commission" based will be removed permanently from the website.

Any unlawful, misrepresented or offensive content posted on the website is the sole responsibility of the user/member that posts such content.

Users of the site understand that exposure to inappropriate content may occur and browsing of the website is at the user's own risk. Artists agree to respect The Rose Street Store marketplace and not attempt to direct traffic away from The Rose Street Store to make personal contact or sales outside of the website. This includes not posting information in artist profiles or artwork descriptions which include:

• Personal websites and/or email addresses Personal social media accounts on platforms such as Facebook, Instagram, Twitter, Pinterest, Tumblr etc
• Mentioning gallery representation and/or other establishments where works can be purchased.
• Comments intended to encourage direct contact outside of The Rose Street Store such as "visit my Facebook account or personal website to see more of my artwork".
• Watermarks on profile images, cover images or product images that contain more information than the copyright symbol and the artist's first and last name.
• Where a buyer enquiry has been made through The Rose Street Store, the Maker agrees to complete the transaction with that User through The Rose Street Store.

Makers that have no available works for sale on The Rose Street Store will have their account put on a temporary hold. It is the artist's responsibility to get in contact with The Rose Street Store when they are ready to upload more work available for sale.

Taxation

Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of the art. This may include GST and other transactional taxes.

The Rose Street Store will not collect or pay taxes on your behalf as The Rose Street Store is merely acting as an agent in facilitating the sale of your product to the customers. You authorise The Rose Street Store to deduct the base amount (which includes The Rose Street Store margin for facilitation services, including tax where applicable) from the sales proceeds for your artwork before distributing your margin (which will include tax where applicable). The amounts distributed to you will be deemed to be inclusive of any taxes, if applicable.

You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your art together with any potential interest or penalties that any tax authority may levy as a result of non-compliance.

the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.

Copyright

All content on the Rose Street Store website is copyright of either the Rose Street Store or the Maker. Content must not be downloaded or used without express written permission from the Rose Street Store, or the Maker where the content is their own work.

The Maker retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser. If the Purchaser wishes to reproduce the Work, this must be separately negotiated with the Maker.

Refusal & Termination of Service

The Rose Street Store reserves the right to refuse service to anyone at any time and at its absolute discretion. The Rose Street Store reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.

Upon termination, any rights granted by the Maker to Rose Street Store under this agreement immediately revert to the Artist.

Disputes & Release

Rose Street Store is released from any claims arising from disputes between users and members of the website, including disputes between Makers and Purchasers, between Makers and Makers, and between Purchasers and Purchasers.

Liability

The user assumes all responsibility and risk for use of the Rose Street Store website including and without limitation any of the content or information contained therein. Rose Street Store accepts no liability for any failure to comply with these Terms and Conditions of Use where such failure is due to circumstances beyond its reasonable control.

Promotions

From time to time Rose Street Store may run sales and promotions sitewide or to specific collectors. Makers will have the opportunity to opt into any such sales.