Terms and Conditions

Last updated: 05.07.2026

These Terms and Conditions (“Terms”) govern your use of RedToe Art (the “Platform,” “we,” “us,” or “our”), operated by RedToe Art, ABN 51740963835. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Definitions

  • “Artist” means an independent seller who lists artwork for sale on the Platform.
  • “Buyer” means any person who purchases artwork through the Platform.
  • “Artwork” means any item, physical or digital, listed for sale by an Artist.
  • “Platform” means the [PLATFORM NAME] website and any associated services.

2. Nature of the Platform

RedToe Art is a marketplace that connects Buyers with independent Artists. We are not the seller of any Artwork listed on the Platform. Each Artist is solely responsible for the artwork they list, including its description, condition, pricing, packaging, shipping, and fulfillment.

Payments are processed through PayPal’s marketplace payment infrastructure. The sale proceeds for Artwork are paid directly to the Artist’s own PayPal account. RedToe Art does not receive or hold the sale proceeds at any point. The only amount RedToe Art receives from a transaction is its disclosed Platform service fee, which is separated out automatically at the time of payment.

3. Artist Obligations

By listing Artwork on the Platform, Artists agree to:

  • Accurately describe the Artwork, including medium, dimensions, condition, and any reproduction/print status
  • Only list Artwork they own or have the legal right to sell
  • Fulfill orders promptly and ship Artwork securely
  • Comply with the Australian Consumer Law (ACL) and other applicable Australian consumer protection laws
  • Handle returns, refunds, and disputes directly with Buyers in accordance with Section 5 below and applicable law
  • Maintain their own PayPal account in good standing to receive payments

4. Buyer Obligations

Buyers agree to:

  • Provide accurate payment, shipping, and contact information
  • Pay for Artwork through the payment methods provided at checkout
  • Direct returns, refund requests, and quality disputes to the relevant Artist in the first instance, and to PayPal’s dispute resolution process where applicable
  • Comply with these Terms and any additional terms set by an Artist at the point of listing

5. Returns, Refunds, and Consumer Guarantees

Because Artists are independent sellers and receive the sale proceeds directly, with RedToe Art only receiving its service fee:

  • Each Artist is primarily responsible for returns, refunds, exchanges, and resolving quality or delivery disputes with the Buyer, in accordance with our Returns Policy.
  • Our default Returns Policy covers damaged, faulty, or not-as-described Artwork within 14 days of delivery. We do not offer change-of-mind returns, given the unique nature of most Artwork. An Artist may choose to offer a more generous policy on their own listing.
  • This does not exclude rights you may have under law that cannot be excluded. In Australia, goods and services come with guarantees that cannot be excluded under the ACL. Nothing in these Terms or our Returns Policy restricts a Buyer’s statutory rights.
  • If a Buyer and Artist cannot resolve a dispute directly, Buyers may also be entitled to raise a claim through PayPal’s Buyer Protection program, subject to PayPal’s own terms and eligibility criteria.
  • RedToe Art may, at its discretion, assist in facilitating communication between Buyers and Artists to resolve disputes, but is not obligated to and does not guarantee a particular outcome.
  • RedToe Art does not independently verify the condition or authenticity of Artwork beyond information provided by the Artist.

6. Shipping and Delivery

Shipping timeframes, costs, and carriers are determined by the Artist. RedToe Art is not responsible for delays, loss, or damage occurring during shipment, though we encourage Artists to use tracked and insured shipping.

7. Intellectual Property

All Artwork remains the intellectual property of the respective Artist unless otherwise stated. Purchasing a physical piece of Artwork does not transfer copyright or reproduction rights unless explicitly agreed between Buyer and Artist. Buyers may not reproduce, distribute, or commercially exploit purchased Artwork without the Artist’s written consent.

8. User Content

By submitting listings, images, descriptions, or other content to the Platform, Artists grant RedToe Art a non-exclusive, royalty-free licence to display that content on the Platform and in related marketing, for as long as the listing remains active or as reasonably needed for record-keeping.

9. Prohibited Conduct

Users must not:

  • List counterfeit, stolen, or misrepresented Artwork
  • Circumvent the Platform’s payment process to avoid fees where fees apply
  • Engage in fraudulent, abusive, or harassing behaviour toward other users
  • Use the Platform for any unlawful purpose

10. Platform Liability and Disclaimers

To the maximum extent permitted by law:

  • RedToe Art provides the Platform on an “as is” and “as available” basis and makes no warranties regarding the quality, safety, legality, or authenticity of Artwork listed by Artists.
  • RedToe Art is not liable for any loss or damage arising from transactions between Buyers and Artists, including non-delivery, damage, misrepresentation, or payment disputes, except where such liability cannot be excluded by law.
  • Nothing in this section excludes, restricts, or modifies any consumer guarantee, right, or remedy under the ACL or other applicable law that cannot lawfully be excluded.

11. Indemnity

Artists agree to indemnify RedToe Art against any claims, losses, or damages arising from their listings, their Artwork, or their conduct as a seller, to the extent permitted by law.

12. Termination

We may suspend or terminate access to the Platform for any user who breaches these Terms, engages in fraudulent activity, or poses a risk to other users.

13. Governing Law

These Terms are governed by the laws of Queensland, Australia, and the Platform is intended for use by Buyers and Artists within Australia.

14. Changes to These Terms

We may update these Terms from time to time. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

15. Contact Us

For questions about these Terms, contact us at:

hi@holy.gallery