Terms of Use
Terms and Conditions
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- These Terms set out your (“You”) agreement with Aboriginal Art Co 29 633 174 919
(“Aboriginal Art Co”) in relation to the use of the Website and the placement of Order for Art, Products and related matters; - In consideration of Aboriginal Art Co allowing you to use the Website, and/or opening an Account for you, you agree with Aboriginal Art Co to be bound by these Terms. This website is owned and operated by Aboriginal Art Co.
Access and use of website
- You must only use the Website in accordance with these Terms and any applicable law.
- You must not (or attempt) to:
- interfere or disrupt the Website or the servers or networks that host the Website or any security-related or other features of the Website;
use any data gathering and extraction tools on the Website; or - link to any part of the Website in a way that damages or takes advantage of Aboriginal Art Co’s reputation, or causes Aboriginal Art Co to suffer Loss including but not limited to implying or suggesting that you have any association and/or affiliation with Aboriginal Art Co, or approval and endorsement from Aboriginal Art Co when there is none, or in a way that is illegal or unfair.
- interfere or disrupt the Website or the servers or networks that host the Website or any security-related or other features of the Website;
Information on this website
- You acknowledge and agree that there are intellectual property rights that are owned by or licensed to Aboriginal Art Co and these include rights in respect of the Website content;
- Any material on the Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof in whatever form (including electronic form) must not be reproduced, transmitted, communicated, distributed or adapted, sold, modified or used except as permitted in accordance with applicable law or with Aboriginal Art Co’s consent;
- The intellectual property rights in all software and content made available to you on or through this Site remain our property or that of our licensors and are protected by intellectual property laws and treaties around the world. All such rights are reserved by us and our licensors.
- You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
- To the extent there is material on the Website provided by third party merchants, suppliers and Product manufacturers, Aboriginal Art Co is not liable to you in respect of any Loss that you might suffer or incur as a result of inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
Orders and agreement formation
- You must only use the Website in accordance with these Terms and any applicable law.
You must not (or attempt) to: - be at least 18 years old, and have the capacity to enter into a legally binding agreement with Aboriginal Art Co.
- You must follow the instructions on the Website as to how to make an Order and for making changes to your Order before you submit an Order.
- Subject to these Terms, and cases of Error or Obvious Error, despite any previous Price you may have seen or heard, the Price or related charges (for example delivery charges) shown or told to you (on the Website) in respect of any Order, is the Price and charges communicated to you via the Order Confirmation.
- Unless otherwise stated, all payments to Aboriginal Art Co are to be made in Australian Dollars.
- Payment for an Order is required to be made in full at the time of the Order being accepted by Aboriginal Art Co by one of the payment methods disclosed on the Website.
- If you are not entitled to use the payment method or account selected for the Order or if the payment method or account does not have sufficient funds or credit facilities to cover the Order, then the Order may not be processed.
- Upon placement of an Order, Aboriginal Art Co will issue an Order Confirmation which will be sent to you by email. This email is not an acceptance of the Order.
A binding agreement between you and Aboriginal Art Co for the purchase of Products is formed when you receive a shipment confirmation communication from Aboriginal Art Co. You agree that Aboriginal Art Co is not obliged to supply the Products to you until the Order has been accepted and an Agreement concluded. - Aboriginal Art Co may in its discretion refuse to accept an Order from you, or refuse to process your Order for any reason. These reasons include but are not limited to:
- unavailability of Products the subject of an Order;
- Aboriginal Art Co suspects that you might be re-selling the Products;
- Aboriginal Art Co suspects that the Order is not genuine and that it is being used for a purpose other than for use of the Products is the subject of the Order by you; or
- where Aboriginal Art Co considers that the Products cannot be delivered to your nominated delivery address.
Your account
- You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure.
- Aboriginal Art Co is not liable or any Loss suffered or incurred by you as a result of any unauthorised activity on your Account if you fail to keep your Account login information secure.
- You must not use another person’s Account without Aboriginal Art Co’s, and/or the other person’s, express written permission.
- If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify Aboriginal Art Co immediately and take immediate steps to re-secure your Account (including by changing your password).
- Aboriginal Art Co may refer fraudulent or abusive or illegal activity to the relevant authorities for investigation or prosecution.
Cancellations and amendment to orders
- Aboriginal Art Co is not obliged to accept any request by you for a cancellation or amendment of an Order;
- If you discover that you have made a mistake with your Order after you have submitted it to Aboriginal Art Co via the Website, you may request the Order be cancelled or amended. Aboriginal Art Co does not guarantee that it will be able to cancel or amend the Order in those circumstances;
- If you have made an Order and Aboriginal Art Co is unable to process the Order or Aboriginal Art Co does not accept the Order, Aboriginal Art Co will notify you and the Order will be cancelled;
- Aboriginal Art Co will refund any payment already made by you to your original payment method where an order is cancelled as contemplated by this clause, and before it has been accepted by Aboriginal Art Co.
Delivery
- The delivery times provided by Aboriginal Art Co are estimates only which are provided to Aboriginal Art Co and determined by your chosen parcel carrier and method shipping. We aim to deliver within the time indicated by us at the place of delivery requested by you. We cannot guarantee delivery dates and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
- In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided.
- On delivery of the Product, you may be required to sign for delivery, unless you grant us authority to leave (“ATL”). If you grant ATL you understand and agree that this authority to leave gives us and/or your selected courier permission to leave the Order in question unattended by the front door – or, where applicable, at the reception or concierge’s desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re- delivery or collection from the carrier.
- You agree to inspect the Product for any obvious faults, defects or damage on receipt of delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it. The buyer is responsible for inspecting the goods for fault and notifying us in accordance with our Returns Policy should there be a fault.
- Unless otherwise specified, responsibility and title in the Goods passes to you upon delivery. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and transfer of responsibility in the same way. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
Change of address
We cannot be held responsible if you enter an incorrect address on your Order. Address Confirmation is given on the review & buy page in the checkout section of the site. If this is not noticed until after your order is finalised, please contact us immediately. We will attempt to update any incorrect Order details.