Agreement
This website is operated by fortyfivedownstairs. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to fortyfivedownstairs.
Your use of this website means that you have agreed to the following terms of use. Please note fortyfivedownstairs may change these terms of use at any time, without notification. If we make a change, the next time you use this website will mean you agree to the amended terms of use.
fortyfivedownstairs reserves the right to refuse service to anyone at anytime. We also reserve the right to cease, interrupt or withdraw access to the website for any reason, including without limitation, for upgrades and maintenance of the site.
fortyfivedownstairs is committed to providing exceptional customer service. We endeavour to make sure that all artworks listed for sale on our website are available and pricing is true and correct. In the event that an ordered item is not available or we are unable to fulfil your order we will notify you within a reasonable time frame to arrange an agreeable alternative item or a full refund.
You agree that any comments submitted to the gallery in any form, will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Our store is hosted by Shopify. They provide us with the online e-commerce platform that allows us to sell our products and provide services to you.
Copyright
Copyright to all material and/or works of art comprising or contained within this website is held by fortyfivedownstairs and/or Artists/other copyright holders. It is prohibited to reproduce, modify, adapt or otherwise use any of the images or information in any manner without the express written consent of the copyright holders.
By using this website you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by fortyfivedownstairs. For further information or reproduction requests please contact [email protected].
Privacy
We have committed ourselves to protecting your privacy. We use the information gathered to process payment. In the interest of supporting artists who are building their careers, we will pass on buyer contact details to artists for sales of their works only, unless you contacted us within 7 days of purchase. Please email [email protected] to request that your details are not shared with the artist/creator of your purchased artwork/s.
fortyfivedownstairs will not sell its database of customer details or details about customers to a third party. Any and all the information collected on this website will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned with the exception of artwork sales as outlined above. We respect the right of users to remain anonymous and will endeavour not to knowingly disclose user identities with the exception of artwork sales as outlined above, unless directed by a court of law.
Pricing and Shipping
Shipping costs are not included in the online purchase price.
All purchased artworks should be collected from the gallery (45 Flinders Lane, Melbourne 3000). Works held in the gallery stockroom will be available within one business day of purchase. Artworks currently on exhibition will be available for collection once the exhibition has concluded. Collection is available during gallery hours: Tuesday to Friday, 12–7pm, and Saturday, 12–4pm.
If you are unable to collect your purchase, fortyfivedownstairs can arrange a shipping quote. Please contact us at [email protected].
Shipping options and costs vary depending on the destination, size, weight, and fragility of the artwork. We work with trusted Australian and international logistics providers, including specialists in fine art transport.
Return Policy
All artwork sales are final and non-refundable.
Any deposits made on artworks (such as laybuy) are non-refundable.
Warranty
fortyfivedownstairs is an agent for the sale of consigned artwork, and are not responsible for artwork production. While we will take every precaution to ensure that the artwork being sold in our gallery is created and displayed to the highest possible and archival standard, their are circumstances where minor defects or production faults may be present—this is not due to any fault on behalf of fortyfivedownstairs and we will not be held liable.
Neither fortyfivedownstairs nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
This website may contain links to other websites which we do not control, subsequently we cannot be held responsible for the content of those websites. Although we would typically approve of the content contained in those links, we do not endorse, provide any warranty or take any responsibility for any aspect of those websites or content. Those links are provided for convenience only and may not remain current and you use them entirely at your own risk.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting fortyfivedownstairs in the event of any uncertainty. Any sole reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
fortyfivedownstairs made every effort to display artwork in our online store as accurately as possible, replicating the colour, images and sizes of our products to the best of our ability. We cannot guarantee that your computer monitor’s display of any colour will be entirely accurate.