TERMS AND CONDITIONS OF SALE
BY PURCHASING GOODS OR SERVICES FROM US YOU AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS OF SALE
Walrus Art Gallery General Terms & Conditions
Walrus Art Gallery provides you with access to walrusartgallery.com.au subject to the following terms and conditions. If you access, visit or shop on walrusartgallery.com.au, you accept these terms and conditions. Please read them carefully.
1. Privacy and Website Terms & Conditions of Use
a. Use of this site is subject to our Privacy Policy and Website Terms & Conditions of use of Site. Our Privacy Policy can be viewed elsewhere on this Site, our Website Terms & Conditions of use can be viewed elsewhere on this Site.
2. Electronic Communications
a. By placing an order online, you consent to receiving emails from us to complete the ordering process, e.g. to confirm your order and to provide fulfillment and delivery updates.
b. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosure and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Your Account
a. You must provide accurate and complete information about yourself when requested by a relevant form on this website.
b. You are responsible for maintaining the confidentiality and security of your account, password and computer. All activity made under your account is your responsibility.
c. Persons under the age of 18 may only use our website only with involvement of a parent or guardian.
d. You agree to indemnify us from any loss or damage to us arising from your use of walrusartgallery.com.au, any breach by you of these terms and conditions of use, or a claim that your use of this website is defamatory.
4. Reviews and Comments
a. We may allow visitors from time to time to post reviews, comments or other content, make suggestions or comments, providing always that such material must be posted from your genuine email address, may not be (in our sole opinion) impersonating another person or entity, spam, political, illegal, offensive, obscene, threatening, defamatory, invasive of privacy, a breach of intellectual property rights, or otherwise damaging to any party. We reserve the right (but not the obligation) to remove or edit such content.
b. If you do post content or submit material, and unless we indicate otherwise, you grant Walrus Art Gallery.com.au and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
c. You grant us and our associates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify us or our associates for all claims resulting from content you supply. We have the right, but not the obligation, to monitor and edit or remove any activity or content and take no responsibility and assume no liability for any content posted by you or any third party.
5. Placing of orders
a. In certain circumstances, we may need to reject your order, including but not limited to where the product is not in stock or if there is an error in the price or the product description posted on the Site.
b. If we reject an order placed through the Site, we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
c. Each order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of the product. For each order accepted by us, we will supply the products to you in accordance with these terms and conditions and send you an email confirmation of that order.
d. In certain circumstances, we may need to cancel your order after it has been processed and provide you with a full refund. This includes (but is not limited to) where we suspect the transaction has been made without the authority of the credit card holder.
6. Delivery of Products
a. After ordering online, you will receive an email confirmation from us containing your order number, details of your order and a link to track its progress. Please add the Walrus Art Gallery email address to your contact address book to ensure emails are not sent to junk mail or blocked by your fire wall.
b. The delivery fee for your order depends on the location of where the product or work is being delivered and will be advised to you.
c. You acknowledge and agree that any person at the Delivery Address who receives the Products or works is authorised by you to receive your order. If no-one is available to collect your order at the time that is delivered written instructions may be left on how you can collect your order.
d. Whilst every effort will be taken to deliver the products to you or artwork as soon as possible no liability is accepted for any loss incurred by you or arising from any delays in delivery of the products or artwork to you. For metropolitan deliveries allow up to 7 business days, depending on lodgement time and destination points. This may vary for country locations.
7. Payment Methods
a. We accept most major credit cards including Visa and MasterCard. We do not accept international credit cards online.
b You are responsible for providing your exact billing address and telephone number namely the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order.
c. Your credit card will be billed as soon as your order is placed and you will be emailed a tax invoice by us. This is done to protect the security of your credit card details, as we do not store your card details (instructions). In the event that we cannot fulfill your order we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
8. Access
a. We grant you a limited license to access this site for personal use. You may not modify, copy or otherwise deal with it without our express written consent.
b. We reserve the right to suspend or deny your access to any or all of the pages on Walrus Art Gallery.com.au. We will not be liable to you or any other party for termination of access to the site.
c. We reserve the right to temporarily or permanently interrupt or disable some or all services on Walrus Art Gallery.com.au at any time.
9. Pricing
a. Prices shown are in Australian Dollars and include GST were applicable. Prices do not include delivery and handling charges which are additional. Prices are subject to change.
b. Images and products shown without any advertised prices beside that image are not offered for sale.
c. Unless otherwise stated, any accessories shown in any image of products are not included in the price.
d. Accept where noted otherwise, the list price displayed for products on our website represents the full retail price listed on the product itself. Despite our best efforts, a small number of the items in our catalogue may be incorrectly priced.In the event of a discrepancy in the stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We cannot confirm the price of an item until you order.
e. We reserve the right to correct any errors published on the website.
10. Title and Risk
a. As soon as the purchase price is paid in full, you will become the legal owner of the product/artwork and until such time as the purchase price is paid in full title to the product/artwork does not pass to you. The risk in the product/artwork will transfer to you upon delivery to you at your nominated address for delivery of the product/artwork.
11. Ownership of the Artwork Copyright
a. Copyright in the artwork remains the property of the Artist who produced the work, or us, where we own the copyright or have had copyright assigned to us.
b. You may not produce any image of the artwork and may not, at any time, publish or submit for publication or reproduction any image of the artwork to any third party, including any internet website for any purpose.
c. If you breach any of your obligations under 11(b) you agree that:-
i) The payment of damages will not be a sufficient remedy to compensate us or the Artist for your breach;
ii) We may, and the Artist may, apply to the Court for any order to prevent you from continuing to breach your obligations under these Terms and Conditions; and
iii) We may, and the Artist may, contact the operator of any internet website on which the artwork has been offered for sale or on which an image of the artwork has been placed by you or at your direction, and instruct such operator, on your behalf to remove any such offer for sale of image from any such internet website.
12. Product descriptions and stock
a. We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of any goods or services is accurate, complete, reliable, current or error/fee. If a product offered by Walrus Art Gallery itself is not as described, your sole remedy is to return it in unused and undamaged condition for a full refund, similarly if it is not in stock and cannot be delivered to you any payment made by you will be refunded.
13. Limitation of liability
a. We make no representation or warranty of any kind whatsoever, express or implied, in connection with the products for sale or artwork. Walrus Art Gallery and its officers, directors, employees, shareholder's or agents exclude all liability (whether in contract, tort or otherwise) to the fullest extent permitted by applicable law, for any loss or damage that may result to you or a third party in connection with the purchase or delivery of the products/artworks. We shall not be liable to you for refunding the price of products or replacing or exchanging products that you purchase through us/our website other than is set out in these Terms & Conditions of Sale. We shall not be liable to you for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services that you purchase through Walrus Art Gallery, even if Walrus Art Gallery has been advised of the possibility of such damages.
b. Nothing in this clause is intended to modify any non-excludable statutory rights associated with the sale of products to consumers.
14. Returns
a. We do not provide a refund for you changing your mind in relation to the purchase of a product/artwork or choosing an incorrect size. If a product offered by Walrus Art Gallery itself is not as described, your sole remedy is to return it in unused and undamaged condition for a full refund, similarly if it is not in stock and cannot be delivered to you, any payment made by you will be refunded.
15. General Delivery Terms
a. Your delivery charge includes insurance for anything lost or damaged in transit. To make a claim you need to notify us in writing of your claim within 7 days of delivery of the product. Please ensure you retain the original packaging and it is essential that you repack the product in order for their collection. Any unpacked goods without any kind of packaging material cannot be collected and will void any claim. If your claim is accepted and it is possible to organise a replacement item, that replacement item will be provided as soon as possible and without any additional cost. If it is not possible to provide a replacement item a refund will be provided to you.
16. General
a. In these Terms and Conditions:-
i) "We, our, or us, walrusartgallery.com.au and Walrus Art Gallery" means Kijanka Pty Ltd as Trustee for the Kijanka Family Trust trading as Walrus Art Gallery and includes its related companies, directors, employees and agents;
ii) "You or your" means the personal customers using the website;
iii) We reserve the right to revise these Terms and Conditions, our Privacy Policy and any other website terms and conditions (including but not limited to terms and conditions of purchase) simply by publishing amended Terms and Conditions (or relevant material) online. We are under no obligation to provide you with notice of updated materials.
iv) These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia, Australia. Any dispute under these Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts of Western Australia, and you hereby submit to the jurisdiction of such Courts for such purposes and waive any and all objections to jurisdiction or venue in such Courts.
v) Any failure by Walrus Art Gallery to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing.
vi) These Terms and Conditions will be interpreted so they do not infringe any law or are not invalid. If any Terms infringes any law or is invalid, it will be read down so that it does not infringe any such law or is not invalid. If this is not possible, the Term will be severed from these Terms and Conditions without affecting the validity of the remaining Terms.
vii) These Terms and Conditions and our Privacy policy consist of the entire agreement between us and you as regards the subject matter.
viii) Questions regarding our Terms and Conditions, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link.