By using the BuyAustinArt website (the “Website”), the service (the “Service”) or establishing an account with BuyAustinArt, you agree to the following terms and conditions.

I. Overview
BuyAustinArt is multi-vendor marketplace, it is not a traditional “retailer” and does not directly sell any tangible products otherwise specifically stated. The listings found for sale on this website is provided by individual sellers who utilize this platform for the purpose of internet sales. BuyAustinArt is primarily a venue for Austin artists to reach buyers. This website is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the sellers to buyers.  This website provides a service to act as a facilitator of the sale. BuyAustinArt has no control over the items advertised, the ability of sellers to sell items or the ability of buyers to pay for items.

Definitions
“Your Information” is defined as any information you provide on this website or other processes in the member registration, product listings (which includes photographs and descriptions), in any publicly accessible area (including the reviews) or through any email or form function that you utilize. You are solely responsible for Your Information, and BuyAustinArt acts as a passive conduit for your online distribution and publication of Your Information.

“Your Activities” include, for example, listing and purchasing items, posting reviews, emailing members, contacting sellers and making donations or utilizing any forms made available to you.

Dispute Resolution
In the event of a dispute arising between you and BuyAustinArt, please contact us at contract@buyaustinart.com and we will work towards a resolution. We encourage you to directly resolve buyer-to-seller disputes independently. If a resolution cannot be met, BuyAustinArt can be consulted for a final determination decision. If we are consulted for a final determination decision, you will release us from any claims, demands, and damages arising out of disputes with other users or parties.

General Overview: Terms

  • You acknowledge that you must be 18 years or older to use this site or to establish an account.
  • You acknowledge that you bear sole responsibility for keeping your password secure.
  • You agree not to use this website for any illegal or unauthorized purpose.
  • You agree to comply with all local laws regarding online conduct and acceptable content.
  • You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit or display on the Website.
  • You agree not to modify, adapt or hack BuyAustinArt or modify another website so as to falsely imply that it is associated with BuyAustinArt.
  • You agree not to solicit, harass or impersonate BuyAustinArt members.
  • You agree not to transmit any malicious code or viruses of a destructive nature.
  • You agree to use the Website at your own risk.

General Overview: Conditions

  • BuyAustinArt reserves the right to modify or terminate any service for any reason at any time, with or without notice.
  • BuyAustinArt reserves the right to alter these Terms of Use at any time. If alterations constitute a material change to the Terms of Use, on our discretion, we will notify you via email or on-site announcement.
  • BuyAustinArt reserves the right to refuse service to anyone for any reason at any time.
  • BuyAustinArt may remove content (by way of example but without limitation: items, item descriptions, shop text and reviews.) that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, or violates our Terms of Use, Privacy Policy, or any other policy documented as posted on this website. However, BuyAustinArt has no obligation to do so.
  • The Service makes it possible to post images hosted on BuyAustinArt to outside websites. This use is accepted. However, pages on other websites which display images hosted on BuyAustinArt must provide a link back to BuyAustinArt from each photo to its product listing page or shop page on the BuyAustinArt website.
  • You can remove your profile at any time by requesting an account deletion. This will also remove any private information you have stored in the system (orders, images, listings, wishlist, messages, etc.) By uploading images and item description content to BuyAustinArt, it will become publicly accessible and we reserve the right to display the images and content in email communications and our social media accounts managed by BuyAustinArt.
  • All BuyAustinArt graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks.
  • BuyAustinArtʻs trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

II. Membership Eligibility
Membership is free, but available only to individuals who can form legally binding contracts under applicable law. Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended BuyAustinArt members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use this website. Vendor eligibility is limited to those sellers who reside within the city of Austin and immediate suburbs and adhere to our product guidelines as outlined within this document.

III. Product Guidelines
The products offered by the Seller must be made locally. This means that the products you sell must be designed and produced by the seller, or a small group of individuals, or employees. Sellers may alter ready-made goods with their own designs but production should not be outsourced or mass produced, with exception to the use of printing services for items like: art prints, stickers, stationery goods, etc.

Exceptions
BuyAustinArt also allows the sale of supplies that can be used for creating handcrafted goods. Supplies do not need to be handmade, but must ship from Austin. Drop shipping is prohibited.

Disclaimers
BuyAustinArt is not responsible for the accuracy, labeling, or content of perishable goods sold. Consult with the seller with any questions prior to your purchase.

Prohibited Items
This is a list of prohibited items. This list is not exhaustive and may be updated from time to time.

  • Materials exhibiting and discriminatory characteristics or content
  • Pornographic materials
  • Firearms, ammunition, and poisons
  • Stolen goods
  • Items infringing others Intellectual Property Right including pirated software and recorded materials
  • Illegal and prescription drugs
  • Items which cannot be legally sold or distributed under Applicable Law

IV. Purchasing/Buyer Obligations and Guidelines
A buyer is obligated to immediately pay in full if when making a purchase on BuyAustinArt.

A seller must abide by all of BuyAustinArtʻs policies and the seller’s own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller’s own individual policies when dealing other issues, for example, issues of damage and returns.

Buyers remorse is not a valid reason for requesting a refund from a seller. Prior to making a purchase, buyers should review all sellers policies regarding refunds, returns, and seller policies.

V. Listing/Seller Obligations and Guidelines
BuyAustinArt requires all seller accounts to be linked to a Stripe.com account for the purpose of distributing your customer payment to you .The fees for credit card processing and BuyAustinArt commissions are automatically deducted from the sale. Sales tax and shipping costs will be included in the funds distributed to your Stripe.com account. The BuyAustinArt commission is calculated on the product prices of the item(s) sold, this fee does not apply to taxes or shipping fees.

Listings: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately describe the item/items for sale in that listing.

Seller Obligations: All sales are binding. If you, as a seller, receive an order and you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance that is communicated and acceptable for the buyer.

Suspensions and Termination: BuyAustinArt may in its sole discretion, suspend or terminate your account with or without notice if any of our policies are violated. 

No Warranty: BuyAustinArt’s website and services are provided “as is” and without any warranty. We do not guarantee that: (1) The services will be secure or available at any particular time or location; (2) is free of error, or that any defects or errors will be corrected at a particular time (3) the service will be free of viruses or other harmful materials. .

Liability Limits: To the fullest extent permitted by law, neither BuyAustinArt or any administrative staff shall be held liable for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the services or these terms.

Indemnification: You agree to indemnify and hold BuyAustinArt and its administrative staff harmless from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by references, or your violation of any law or the rights of a third party.

Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Questions or Concerns: Please contact us.