Terms of Use

Please read these terms carefully. By using Malawby or purchasing artwork through our site, you agree to these Terms of Use.

1. Introduction

These Terms of Use ("Terms") govern your access to and use of the website www.malawby.com and any related services (collectively, the "Site" or "Services"). The Site is operated under the name Malawby ("we", "us", or "our").

By accessing, browsing or using the Site, or by purchasing artworks through the Site, you ("you" or "user") agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site.

2. Use of the Site

The Site provides an online platform where artists can present artworks and collectors can discover, purchase or bid on them. Malawby is not the creator of the artworks listed; each artwork remains the responsibility of the individual artist.

You agree that you will:

  • Use the Site only for lawful purposes.
  • Not attempt to interfere with the proper working of the Site or its security.
  • Not copy, scrape or reproduce significant portions of the Site without prior written permission.

3. Accounts & Member Roles

Certain features of the Site require an account (for example, listing artworks, bidding, or managing purchases). When creating an account, you agree to:

  • Provide accurate, current and complete information.
  • Keep your login details secure and confidential.
  • Notify us promptly if you believe your account has been compromised.

Malawby supports different user roles (such as Artist and Collector). Some features are available only to specific roles. Malawby may change available features or roles at any time.

4. Purchase Orders

You can purchase artworks through the Site. In some cases, you may complete a purchase without creating an account; however, we may request certain contact and shipping information to fulfil your order.

During the purchase process you agree to provide accurate and complete information, including your full name, email address, billing details and delivery address. You are responsible for ensuring this information is correct so that the artist can fulfil your order.

All purchases are subject to availability and to acceptance by the artist. Malawby reserves the right to cancel an order where an artwork is no longer available, has been incorrectly described, or where payment cannot be processed.

5. Purchases of Artworks & Auctions

When you purchase an artwork at a listed price or when your bid is successful in an auction, you are entering into a binding agreement to buy the artwork from the artist via Malawby.

You acknowledge that:

  • Prices may not include shipping, insurance or any applicable taxes for orders outside Australia. These may be added at checkout or charged separately.
  • For auction sales, bids are binding. By placing a bid, you confirm that you are able and willing to pay the final amount if your bid is successful, including any applicable buyer’s premium, shipping and taxes.
  • Malawby does not charge commissions or sales fees on artworks. Payment gateway fees (for example, Stripe fees) may apply and are charged by the payment provider.

For details on bidding rules and buyer’s premiums, please refer to the relevant artwork page and our FAQ.

6. Shipping & Delivery

For all purchased artworks, the artist is responsible for shipping the artwork directly to you, the purchaser. Artists agree to ship the purchased artwork within a reasonable time frame, typically within seven (7) days from the date of purchase (the "Shipping Period"), unless otherwise stated on the artwork page.

If the artist does not ship the artwork within the Shipping Period and you have not agreed to an extension, the order may be cancelled and your payment refunded.

Tracking details should be provided where available. Risk in the artwork generally passes to you upon delivery to the shipping address you have supplied.

7. Returns & Cancellations

Our general approach to returns is described in our FAQ – Returns & Refunds. In summary:

  • We currently offer a 7-day return policy on artworks purchased through the Site, subject to the conditions described in the FAQ.
  • Artwork must be returned in its original condition and packaging, and shipped using a traceable method.
  • Shipping costs and any customs duties or taxes are generally non-refundable.

To request a return or cancellation, please contact us as soon as possible using the Contact page. Some orders cannot be cancelled once they have been packed or shipped.

8. Pricing, Taxes & Fees

All prices listed on the Site are shown in Australian dollars (AUD), unless stated otherwise. Prices may change at any time prior to purchase.

You are responsible for any:

  • Local taxes, GST or VAT that may apply to your purchase.
  • Customs duties, import charges or brokerage fees for international deliveries.
  • Payment gateway fees charged by your card issuer or bank, where applicable.

9. Intellectual Property

All artworks listed on Malawby remain the intellectual property of the artists who created them, unless explicitly stated otherwise. Purchasing an artwork does not grant you any reproduction rights or copyright in the work.

The Malawby name, logo, Site design, and all text, graphics and content (excluding user-submitted artworks) are owned or licensed by Malawby and are protected by intellectual-property laws. You may not copy, modify or distribute any part of the Site without prior written permission.

10. Privacy

We respect your privacy. Our collection and use of your personal information is described in our Privacy Policy, which forms part of these Terms.

By using the Site, you consent to the collection, use and disclosure of your personal information in accordance with our Privacy Policy.

11. Disclaimer & Limitation of Liability

To the maximum extent permitted by law, the Site and Services are provided "as is" and "as available", without any warranty of any kind, either express or implied. We do not guarantee that the Site will be uninterrupted or error-free.

To the extent permitted by law, Malawby is not liable for:

  • Any loss or damage arising from your use of the Site; or
  • Any issues arising from the acts or omissions of artists or carriers, including delays, damage in transit or inaccurate descriptions of artworks.

Nothing in these Terms excludes or limits any consumer guarantees or other rights that cannot be excluded under Australian consumer law.

12. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the date or version on this page. Your continued use of the Site after any changes are posted constitutes your acceptance of the updated Terms.

13. Contact

If you have any questions about these Terms, or about Malawby generally, please contact us.