Legal Overview

Our Terms & Conditions are comprised of four documents:

Our Terms & Conditions apply to all people who access, browse, or use this website in any way.  You will be asked to confirm your acceptance of our Terms & Conditions when registering online and when buying and selling art via our online auction.  If for any reason, you do not agree to abide by our Terms & Conditions, please do not continue to use our website.

FISHERSONLINEART.COM acts as agent for the seller.  For this reason, people offering their art for sale via our online auction are also bound by our Agency Agreement with Seller.  To offer your art for sale via our online auction, sellers will need to complete our online Auction Appraisal Form  or sign our Contract to Sell.  Both documents require the seller to submit images and detail certain information about the artwork (eg the artist, medium, provenance, and condition). Our Terms & Conditions require that the details and images provided to us are fair, accurate, and not misleading in anyway. Failure to do this may result in the buyer exercising his or her contractual right of return. The Contract to Sell / Auction Appraisal Form is incorporated into the Agency Agreement with Seller and Internet Terms & Conditions by reference.  Set out below is a summary of our key terms and conditions.  This summary does not take precedence over our Terms & Conditions; it is intended as a guide only.

 

Key Terms and Conditions for Sellers

All information and images provided to FISHERSONLINEART.COM must be fair, accurate, and not misleading in anyway. If an artwork is found to have obvious physical "imperfections" or is a "deliberate forgery", the buyer may return the artwork to FISHERSONLINEART.COM.  In this case, the seller will not be remmitted the proceeds of sale, and will remain liable for the seller's commission, and the cost of having the artwork returned to the seller.

Seller's may not offer the artwork for sale by any other means once the artwork has been accepted into one of FISHERSONLINEART.COM's auction categories until the end of the "sale period" of the artwork. 

In all auction categories, payment of the total purchase price by the buyer is made directly to FISHERSONLINEART.COM.

For artworks sold in the Affordable Art auction category, packaging, freight, and insurance is arranged between the buyer and seller. 

For artworks sold in the Fine Art and Feature Art auction categories, the seller is responsible for packaging the artwork in the pic pac box provided by FISHERSONLINEART.COM and delivering the artwork to the Fishers Fine Art gallery closest to them.  

A seller's commission of 8% + GST on the hammer price is payable by the seller on all lots sold. The seller's commission will be deducted from the hammer price by FISHERSONLINEART.COM.

The net sale proceeds will be remitted to the seller on the 20th of the month following the close of the auction of the relevant lot, provided that the buyer has made payment to FISHERSONLINEART.COM in full, in cleared funds.  This term ensures that the buyer is able to exercise his or her contractual right of return.

 

Key Terms and Conditions for Buyers

A bid, once placed, remains binding and may be accepted by the seller up to 3 working days after the close of the auction for the relevant lot.

Payment of the total purchase price by the buyer of an artwork is made directly to FISHERSONLINEART.COM and is required within 48 hours of email notification that the buyer is the winner of the auction for the relevant lot. 

A buyers's commission of 12% + GST on the hammer price forms part of the total purchase price and is payable by the buyer on all lots purchased. 

For artworks sold in the Fine Art and Feature Auction auction cateogories, packaging, freight, and insurance of the artwork is at the cost of the buyer but will be arranged for by FISHERSONLINEART.COM.  Our total cost calculate will estimate the total purchase price of the artwork (normally made up of the hammer price, buyer's commission, packaging, insurance, and freight) before the potential buyer places a bid.  Payment of the total purchase price is made by direct deposit into FISHERSONLINEART.COM's nominated account which will appear on the invoice for the total purchase price.

For artworks sold in the Affordable Art auction category, packaging, insurance, and freight of the artwork is arranged between the parties after payment has been made to FISHERSONLINEART.COM.  Our total cost calculate will estimate the total purchase price of the artwork (normally made up of the hammer price, and buyer's commission) before the potential buyer places a bid. Payment of the total purchase price is made by topping up the buyer's personal FISHERSONLINEART.COM account by credit card online.

FISHERSONLINEART.COM is not the seller of artworks, therefore, the sale and purchase contract is concluded between the bueyr and the seller of the artwork.  FISHERSONLINEART.COM does not make any warranty as to the authenticity of the artwork or the accuracy of the description of any artwork. However, the buyer may be entitled to return the artwork should it be found to be a "deliberate forgery" or have obvious physical "imperfections". In such case, the buyer will be entitled to a 100% money back guarantee.

If upon the receipt of the artwork the buyer finds the artwork to be a "deliberate forgery" the buyer may return the artwork to FISHERSONLINEART.COM within 14 days of receipt, in order to exercise his or her contractual right of return, pursuant to the Internet Terms & Conditions. 

If the artwork is found to have obvious "physical imperfections" that were not disclosed by the seller or were not obvious in a careful viewing of enlarged images of the artwork the buyer may return the artwork to FISHERSONLINEART.COM within 48 hours of receipt in order to exercise his or her contractural right of return, pursuant to the Internet Terms & Conditions.

 

Click to link to our Seller's Guide >>

Click to link to our Buyer's Guide >>