In these Terms and Conditions:
Claim means any claim, demand, action, suit or proceeding in respect of any Loss.
Delivery Date means either the estimated date for Services to be completed or for delivery of Goods.
Deposit means, if applicable, 50% of the Price, which is payable at the time of submitting an Order, or as otherwise requested by the Supplier.
Goods means any items, artwork, paintings, frames, photos, images or personal property:
(a) purchased by the Purchaser from the Supplier, in store, on the Supplier’s website or otherwise; or
(b) given by the Purchaser to the Supplier for any reason, including the provision of Services.
Loss means any loss, damage, liability, costs (including legal costs) or expense incurred.
Order means any of the following:
(c) a purchase of Goods or request for Services made in store; or
(d) an order for Goods or Services submitted through the Supplier’s website.
Personal Information means:
(e) information about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion; or
(f) information or a document which relates to the affairs or personal particulars of another person), and which is received or learnt from any source as a consequence of or in the performance of this Agreement.
Price means the price of the Order payable by the Purchaser to the Supplier.
Purchaser means the person or body purchasing Goods or Services from the Supplier.
Services means the services supplied by the Supplier, as described in an Order.
Specifications means in relation to the Goods and Services, the details as to materials, size, colour and other specifications requested by the Purchaser in the Order.
Supplier means Artis Pura Pty Ltd ACN 606 816 399, trading as Artis Pura Custom Framing.
(a) The Agreement between the Purchaser and the Supplier for the Goods and/or Services is constituted by the following:
(ii) Terms & Conditions; and
(iii) any agreed written variation.
(b) The Supplier supplies the Goods and/or Services to the Purchaser in accordance with these Terms and Conditions, and as consideration, the Purchaser agrees to pay the Price, and will be bound by these Terms and Conditions.
(c) Information provided by the Supplier in respect of the Goods and/or Services (including price lists) does not constitute an offer to sell, but an invitation to treat only.
3. ORDERS AND SPECIFICATIONs
(a) The Purchaser must ensure the accuracy of the Order (including description of Goods purchased, and Services and Specifications required) and must provide on request by the Supplier any additional information within 7 days to enable the Supplier to perform the Agreement.
(b) Any subsequent additions, variations or changes to specifications requested by the Purchaser will incur additional charges which will be added to the Price.
(c) The Supplier may in its absolute discretion reject an Order without reason, and any amount paid by the Purchaser will be refunded.
(d) The Supplier reserves the right at any time to modify or discontinue a Service, in its sole discretion.
(e) The Supplier reserves the right based on operational, manufacturing or production decisions to make minor modifications to the specifications in the Order as required to complete the Services, and will notify the Purchaser if significant modifications are required.
(f) Except as otherwise agreed in writing, the products, materials, suppliers and manufacturers used shall be in the sole discretion of the Supplier.
(a) Prices stated are in Australian $dollars.
(b) Unless otherwise stated, the Price includes GST.
(c) Prices are subject to change without notice, and discounts and sale prices are in the sole discretion of the Supplier.
(d) Unless otherwise stated or agreed in writing, the Purchaser is responsible for the cost of delivery (if applicable) to the Delivery Address.
5. LAYBY TERMS
(a) The Supplier can, if requested, enter a layby arrangement with the Purchaser, however prior to agreeing to such an arrangement the Purchaser must pay the Deposit.
(b) Goods and/or Services will not be delivered or available for collection until full payment of the Price is received.
6. PAYMENT Terms
(a) The Deposit must be paid upon receipt of the Order, or as otherwise requested by the Supplier.
(b) The balance of the Price will be payable upon collection of the Goods or prior to Delivery.
(c) The Purchaser must pay the Price as directed by the Supplier from time to time.
(d) An Order for Services can be cancelled by the Purchaser at any time, however the Supplier reserves the right to charge for any work done, materials used or ordered and any Loss suffered or incurred by the Supplier as a result of the cancellation. This will be deducted from the Deposit, and if any amount is still owing, then the Goods will not be returned to the Purchaser until that amount is paid in full.
(e) If the Purchaser fails to pay the Deposit (or Price) the Supplier may, in its discretion, withhold delivery of the Goods or suspend completion of the Services until the Purchaser has paid the Deposit.
(f) The Supplier reserves the right to charge interest on overdue amounts or late payments at the rate of 5% above the lending rate charged by the Supplier’s bank or financial institution on overdraft facilities less than $100,000.00.
7. Delivery and Performance
(a) Provided that the Purchaser has complied with its obligations, then the Supplier must use its best endeavours to complete delivery of the Goods and/or Services by the Delivery Date.
(b) If the Supplier is unable to meet the Delivery Date for any reason, then the Supplier may give written notice to the Purchaser advising of the new Delivery Date.
(c) The Purchaser acknowledges that there are many variables which affect the delivery of Goods and Services (including the skill and thoroughness of workmanship), and accepts that it will have no Claim for Loss or reduction of the Price if the Delivery Date is not met by the Supplier.
8. DISPOSAL OF Uncollected Goods
If the Purchaser does not accept delivery of, or does not collect the Goods after being notified by the Supplier that they are available for collection, then the Supplier must:
(a) give the Purchaser written notice to advise the Goods are ready for collection, and that the Purchaser will have 21 days from that date of the notice to collect the Goods and pay the Price, after which the Supplier shall have the right to store the Goods in any manner the Supplier sees fit.
(b) If after 60 days from the date of notification under clause 8(a) the Goods are not collected, then the Supplier may after a further 14 days written notice to the Purchaser, sell or dispose of the Goods, in its discretion, and offset the proceeds of sale against any amount owed to the Supplier by the Purchaser, with the balance (if any) to be refunded to the Purchaser. The Supplier shall be released of any liability in respect of the Purchaser’s property or disposal of.
(c) The Purchaser irrevocably appoints the Supplier as its lawful attorney after the provision of notice required in this clause 8 by the Supplier, to generally do anything and execute, stamp and register anything the Purchaser could do to sell or otherwise deal with the Goods in any manner required by the attorney, and to apply any proceeds from the sale towards any money payable by the Purchaser under the Agreement.
9. Title to GOods
(a) Title to Goods purchased from the Supplier by the Purchaser remains vested with the Supplier until full payment of the Price is received from the Purchaser.
(b) The Supplier shall at all times have a possessory lien on Goods provided to the Supplier for the provision of Services including the materials used in the provision of Services, until all monies to be paid by the Purchaser, on any basis whether under this Agreement or otherwise, are paid in full. The Supplier may under this lien sell the Goods by public auction or private sale to recoup any outstanding amounts in accordance with clause 8.
10. Warranty, REfunds & Returns
(a) The Supplier makes no warranty, either express or implied, regarding the merchantability, fitness for purpose or condition of Goods. The Supplier has made every effort to display and describe as accurately as possible the quantity, colours and images of Goods. Any description of the Goods is given by way of identification only. The Purchaser accepts that it must satisfy itself in respect of the condition of Goods prior to purchase.
(b) Goods may be available either exclusively online or instore. Goods may have limited quantities or availability, and the Supplier does not warrant that its website reflects current availability.
(c) The Purchaser accepts and acknowledges that Goods may be second hand, and can sometimes be over 100 years old and will show signs of age.
(d) The Supplier will not accept return of Goods should the Purchaser change their mind.
(e) Subject to the limitations and qualifications in these Terms and Conditions, the Supplier provides a warranty for the workmanship of Services completed.
(f) While the Supplier will use its best endeavours to use high quality products from trusted suppliers, it makes no warranty, either express or implied, regarding the merchantability, fitness for purpose or condition of the products used and will accept no responsibility for any Loss suffered by the Purchaser.
(g) The Supplier will not accept any responsibility for the quality of any products the Purchaser supplies for use (including frames).
(h) Services provided are to the Purchaser’s specifications, and therefore the Supplier does not offer refunds on any completed Services which accord to the specifications.
(i) If the Purchaser believes the Goods and/ or Services are defective, then the Purchaser should notify the Supplier in writing, allow the Supplier to inspect the Goods, and the Supplier may in its discretion, and subject always to its obligations under applicable laws, agree to:
(i) repair the Goods/ Services;
(ii) replace the Goods/ Services; or
(iii) issue a refund or credit note.
(j) The warranty does not cover defects or damage to the Goods and/or Services resulting due to an event of cause beyond the reasonably control of the Supplier.
(k) If the Goods are returned in any condition less than when they were sent originally, the Purchaser will have any additional costs subtracted from their refund.
(l) The warranty provided by the Supplier is in addition to any rights that the Purchaser may have under Australian Consumer Law and other relevant legislation. The Supplier’s Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage. The Purchaser is also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. This does not apply if the goods were acquired by the Purchaser for the purpose of re-supply to a third party, or the purpose of using it up or transforming it in trade or commerce including in the course of production, manufacture, repairing, treating other goods or supply of other services to a third party.
(m) The Purchaser may be considered a Consumer for the purposes of Australian Consumer Law where the:
(i) price paid for goods or services did not exceed the amount prescribed; or
(ii) if the price paid is above the prescribed amount, the goods and services acquired are of a kind ordinarily acquired for personal, domestic or household use or consumption.
(a) To the fullest extent permitted by law, the Purchaser indemnifies the Supplier and agrees to keep the Supplier indemnified, against all Claims and for any Loss or liability arising directly, indirectly or consequently as a result of or in connection with the supply of Goods and/or Services and the acceptance of the Goods and/or Services by the Purchaser, including for any Claim:
(i) by a third party who the Purchaser may have re-supplied the Goods or provided services; or
(ii) as a result of infringement of intellectual property rights arising in connection with any Goods and/or Services supplied.
(b) The indemnity given by the Purchaser in this clause will be reduced proportionately to the extent that the Supplier has contributed by its negligence to the Loss.
(c) The Purchaser must take all reasonable steps to minimise its Loss in relation to any Claim against the Supplier. Any failure by the Purchaser to take reasonable steps to mitigate its Loss, will be offset against any subsequent Claim for Loss against the Supplier.
(a) By using the Supplier’s website, the Purchaser agrees to be bound by these Terms and Conditions, and consents to the collection and use of Personal Information.
(b) The Supplier’s website and its contents are owned by the Supplier. All content on the Supplier’s website must not be re-used without the prior written consent of the Supplier.
(c) When the Purchaser places an Order through the Supplier’s website, the Purchaser may be required to provide a full name, email, phone number, address and payment details. This is for the purpose of processing and completing the Order.
(d) The Purchaser must not use the Supplier’s website for any illegal or unauthorised purpose.
13. Feedback and reviews
(a) The Purchaser must not make comments about the Supplier online or otherwise, which would bring the Suppliers reputation into disrepute.
(b) The Purchaser will raise any concerns it has about the Goods and/or Services with Supplier in the first instance, and the Supplier and the Purchaser will work together to resolve such a dispute.
(a) The Purchaser accepts that the Supplier may collect Personal Information about them and may use and disclose Personal Information gathered from the Purchaser, for:
(i) the purpose of contacting the Purchaser and for the purposes of providing Goods and/or Services;
(ii) to comply with law; or
(iii) enforce the terms of the Agreement.
(b) The Supplier will not sell Personal Information about the Purchaser to a third party, however may in the ordinary course of operating the Supplier’s business store the Purchaser’s Personal Information with service providers who are located, or whose servers are located overseas, for instance, when storing Personal Information with “cloud” service providers, which may be situated outside Australia.”.
15. General Conditions
(a) Any notice given in connection with the Agreement must be in writing and given to the address, mobile phone number or email address stated in the Order.
(b) The Purchaser acknowledges and agrees that notices may also be given by SMS/text message where the Purchaser has provided its mobile number to the Supplier.
No waiver whether expressed or implied of any breach of any of the Conditions in the Agreement shall be construed to be a continuing waiver or consent to any subsequent breach on the part of either party to the Agreement.
15.3. Governing Law
This Agreement will be governed by the Laws in force in Queensland, and any applicable Commonwealth Laws.