Terms of service
The Art Hatch: Terms of Service
The Art Hatch is an online marketplace for fine art and photography prints, based in Melbourne, Australia. The platform was founded by Isaac Brooks, who began selling his own photographic prints at markets before establishing The Art Hatch to connect artists and photographers with buyers. The Art Hatch manages the printing, framing, and shipping of all works sold through the Service via its printing and framing partners.
By visiting this site, becoming an artist with The Art Hatch, or purchasing a product from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including any additional terms, policies, or notices referenced herein. These Terms apply to all users of the site, including browsers, customers, and artists. Artists are also bound by the additional terms set out in Section 5.
Please read these Terms carefully before accessing or using the site. If you do not agree with any part of these Terms, you must not access the site or use the Service. Continued use of the site constitutes your acceptance of these Terms as they currently stand, including any subsequent updates.
We reserve the right to update, amend, or replace any part of these Terms at any time by posting the revised version to this page. It is your responsibility to review this page periodically. Continued use of or access to the site following any such change constitutes your acceptance of that change.
Our store is hosted on Shopify Inc., who provide the e-commerce platform through which the Service is delivered.
Section 1: Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you have obtained the consent of a parent or legal guardian.
You must not use the Service for any unlawful or unauthorised purpose, nor may you, in the course of using the Service, breach any applicable law, including copyright law. You must not transmit any virus, worm, or other code of a destructive nature. Any breach of these Terms will result in immediate termination of your access to the Service.
Section 2: General Conditions
The Art Hatch reserves the right to refuse service to any person, for any reason, at any time. You acknowledge that content you submit (excluding payment information) may be transmitted unencrypted over various networks; payment information is encrypted at all times. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Service without our prior written consent. Section headings are included for convenience only and do not affect the interpretation of these Terms.
Section 3: Accuracy, Completeness, and Timeliness of Information
The Art Hatch makes reasonable efforts to keep information on this site accurate and current but does not warrant that it is free of error. Material on this site, including product descriptions, mockups, and images, is provided for general information only and should not be relied upon as the sole basis for a purchasing decision. Any reliance on such material is at your own risk. Historical information on the site is provided for reference only and is not necessarily current.
Section 4: Modifications to the Service, Products, and Pricing
The Art Hatch retains sole and absolute discretion to determine, set, adjust, and control all pricing for any artwork, print, or product offered through the Service. This includes, without limitation, the retail price, sale price, promotional or discounted price, and any bundled or package pricing, regardless of any price previously listed, quoted, or suggested. Prices are subject to change without notice, and by using the Service, you acknowledge and accept that The Art Hatch, not the artist or the buyer, controls the final price at which any work is offered or sold.
The Art Hatch reserves the right at any time to modify or discontinue the Service, or any part or content of it, without notice and without liability to you or any third party.
Because each print is produced to order through our printing and framing partner, product availability, materials, and frame options may be limited or adjusted from time to time. Colours displayed on screen may vary from the finished product depending on your device. The Art Hatch reserves the right to correct pricing or product errors, limit quantities, or discontinue any product or option at its sole discretion.
Because prints are made to order, returns and exchanges are limited to items that arrive damaged, faulty, or materially different from what was ordered. Change of mind returns are not available. Full detail is set out in our Returns Policy.
Shipping timeframes vary depending on the size and framing of the item ordered. A reasonable estimate will be provided at checkout.
Section 5: Terms Applicable to Artists
This section applies in addition to the rest of these Terms where you sell, or apply to sell, prints of your work through The Art Hatch.
5.1 Application and Acceptance. Submitting an application to sell through The Art Hatch does not guarantee acceptance. The Art Hatch reserves the right, at its sole discretion, to accept, decline, or remove any artist or artwork from the platform at any time, including after the work has been made available for sale.
5.2 Licence to Reproduce and Sell. By submitting artwork to The Art Hatch, you represent and warrant that you own the work or otherwise hold sufficient rights to license it, and you grant The Art Hatch a non-exclusive licence to reproduce, print, frame, display, market, and sell physical copies of the work through the Service, and to use images of the work for marketing purposes across the site, social media, advertising, and related channels. You retain underlying copyright and ownership of the artwork. The Art Hatch does not acquire ownership of your intellectual property, only the rights described in this clause, for as long as the work remains listed with The Art Hatch.
5.3 Pricing and Sole Discretion. As set out in Section 4, The Art Hatch retains sole and absolute discretion over the pricing of all artwork sold through the Service, including the right to set, adjust, discount, or promote any price at any time, without requiring the artist's prior consent or approval. Artists acknowledge and agree that they have no right to set, veto, or otherwise control the final retail or sale price of their work while listed with The Art Hatch.
5.4 Royalties. Artists earn a royalty on each sale, calculated as a percentage of the actual sale price achieved, at the rate set out in the artist's individual agreement or artist dashboard. Royalties are paid out on the schedule agreed with the artist at the time of onboarding.
5.5 Effect of Sales and Discounts on Royalties. The Art Hatch may, at its sole discretion, run site-wide or product specific sales, discounts, bundles, or promotions at any time, without requiring artist consent. The royalty percentage payable to an artist is not altered by such promotions. However, because the royalty is calculated as a percentage of the sale price actually achieved, a discounted sale will result in a lower dollar royalty than a full price sale of the same item. Artists acknowledge that this is an inherent and accepted feature of participating in the Service and agree that The Art Hatch bears no liability for any reduction in royalty resulting from a promotion, discount, or price adjustment made in accordance with this Section.
5.6 Production and Quality. Prints are produced by The Art Hatch's printing and framing partner in accordance with the specifications listed on the relevant product page. The Art Hatch works to maintain consistent quality but is not directly liable for manufacturing defects beyond facilitating a remedy under its standard process.
5.7 Termination of Artist Arrangement. Either party may terminate the artist arrangement at any time, on reasonable notice where practicable. Orders placed prior to termination will continue to be fulfilled, and any royalty owed on completed sales will be paid in accordance with Section 5.4.
Section 6: Accuracy of Billing and Account Information
The Art Hatch reserves the right to refuse or cancel any order and to limit quantities purchased per person, household, or order, including where an order appears to originate from a reseller or distributor rather than an end customer. You agree to provide current, complete, and accurate account and payment information and to promptly update it as required.
Section 7: Optional Tools and Third Party Links
The Service may provide access to third party tools or link to third party websites over which The Art Hatch has no control. Such tools and links are provided "as is" without warranty of any kind, and your use of them is entirely at your own risk. You should review the relevant third party's own terms before engaging with them.
Section 8: User Comments and Submissions
If you submit comments, suggestions, or other content to The Art Hatch, you agree that we may use, edit, publish, or distribute such content without obligation to compensate you or maintain confidentiality. You agree not to submit content that is unlawful, infringing, defamatory, or misleading, and you remain solely responsible for any content you submit.
Section 9: Personal Information
Your submission of personal information through the site is governed by our Privacy Policy, available on the site.
Section 10: Errors, Inaccuracies, and Omissions
The site may occasionally contain typographical errors or inaccuracies relating to pricing, product descriptions, or availability. The Art Hatch reserves the right to correct such errors and to amend or cancel any affected order at any time, including after the order has been submitted.
Section 11: Prohibited Uses
You are prohibited from using the site for any unlawful purpose, to breach any applicable law, to infringe the intellectual property rights of The Art Hatch or any third party, to harass or discriminate against any person, to submit false or misleading information, to transmit malicious code, to harvest personal information without consent, to spam or scrape the site, or to interfere with the security of the Service. The Art Hatch reserves the right to terminate access for any breach of this Section.
Section 12: Disclaimer of Warranties and Limitation of Liability
The Service is provided "as is" and "as available," without warranty of any kind beyond what is required by law. To the fullest extent permitted by law, The Art Hatch, Isaac Brooks, and any associated agents or contractors will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service. Nothing in these Terms is intended to limit any right or remedy available to you under the Australian Consumer Law that cannot lawfully be excluded.
Section 13: Indemnification
You agree to indemnify and hold harmless The Art Hatch and Isaac Brooks from any claim or demand, including reasonable legal fees, arising from your breach of these Terms or your violation of any law or the rights of a third party.
Section 14: Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.
Section 15: Termination
These Terms remain in effect until terminated by either party. The Art Hatch may suspend or terminate your access to the Service at any time, without notice, if it reasonably believes you have breached these Terms.
Section 16: Entire Agreement
These Terms, together with any policies posted on the site, constitute the entire agreement between you and The Art Hatch and supersede any prior agreements or understandings, whether oral or written.
Section 17: Governing Law
These Terms are governed by and construed in accordance with the laws of Victoria, Australia.
Section 18: Changes to These Terms
The Art Hatch reserves the right to amend these Terms at any time by posting the revised version to this page. It is your responsibility to review this page periodically. Continued use of the site following any change constitutes acceptance of the amended Terms.
Section 19: Contact Information
Questions regarding these Terms should be directed to Isaac Brooks at hello@thearthatch.com.au