Terms and conditions for auction participants
Art by the Ocean 2023 is an online Art Exhibition, selling artworks either by “auction” or “buy now”. The purpose is to raise funds for Motion By The Ocean Inc. allowing us to deliver our services within the coastal community.
Please read these Terms and Conditions carefully, before participating in the Art By the Ocean Online Auction/Sale. By accessing or using our online auction platform, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please do not participate.
1.1. These Terms and Conditions apply to all participants (buyers and sellers) of the Motion By the Ocean Online Art Auction/Sale.
1.2. “Motion By the Ocean Inc” refers to the charitable organisation operating the online art auction.
1.3. “Buyer” refers to any individual or entity that successfully places the highest bid on an artwork, or who purchases an artwork using the “Buy Now” facility.
2. Bidding and Purchasing
2.1. All bids are final and binding. By placing a bid, the buyer agrees to purchase the artwork at the bid amount, if they have the highest bid when the auction closes.
2.2. Buyers must be at least 18 years old to participate in the auction.
2.3. The highest bid at the close of the auction is considered the winning bid and constitutes a legally binding contract between the buyer and Motion By the Ocean Inc..
3. Artwork Descriptions
3.1. Motion By the Ocean makes every effort to provide accurate and detailed descriptions of each artwork. However, artworks are sold “as is,” and the organisation does not guarantee the accuracy of descriptions, condition, authenticity, or provenance.
3.2. Prospective buyers are encouraged to conduct their own due diligence and validation, if they wish to further verify the accuracy, authenticity, or condition of the artwork. This may include seeking advice from experts, consulting additional sources, or requesting further information from Motion By the Ocean Inc.
4. Returns and Refunds
4.1. All sales are final. Motion By the Ocean Inc. does not offer returns or refunds if the buyer is not satisfied with the artwork they have purchased.
4.2. If the artwork received by the buyer is materially different from its description, the buyer may contact Motion By the Ocean Inc. within 7 days of receiving the artwork to discuss the issue.
4.3. Motion By the Ocean Inc. reserves the right to determine, at its sole discretion, whether a refund or replacement artwork will be provided in cases of material discrepancy.
5.1. Buyers undertake to register their credit card details before taking part in the auction and accept and agree that the full bid or purchase amount, plus any applicable taxes and fees will be automatically deducted when the auction closes.
6. Privacy and Data
7. Intellectual Property
7.1. The copyright and other intellectual property rights of the artworks remain with the respective artists. Buyers acquire only the physical artwork and not the rights to reproduce or distribute the artwork.
8.1. Participants agree to indemnify and hold Motion By the Ocean Inc. harmless from any claims, losses, liabilities, or expenses arising from their participation in the auction.
9. Governing Law
9.1. These Terms and Conditions are governed by the laws of Australia. Any disputes arising from these Terms and Conditions will be subject to the exclusive jurisdiction of the Australian courts.
10.1. Motion By the Ocean Inc. reserves the right to modify or amend these Terms and Conditions at any time. Any changes will be effective upon posting on the auction platform.
By participating in the Motion By the Ocean Inc. Online Art Exhibition and Auction, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
For any inquiries please contact the event organisers.