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terms and conditions of website use (purchase of artwork)
these terms and conditions apply to the use of this website, including the purchase of artwork on this website if you are an art buyer or prospective art buyer within the meaning of these terms and conditions. in using this website for these or any other purposes, you agree to be bound by these terms and conditions. if you do not accept these terms and conditions, you must refrain from using the website. these terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
1. terminology
1.1 in these terms and conditions, the expressions:
1. "art buyer" means a customer or prospective customer or other user of this website;
2. "artwork" means any item(s) of art advertised for sale on this website;
3. "we", "us" and "our" are a reference to "patrick christie ink" (a sole trader) (australian. business number 67263447938);
4. "artist" means patrick christie who has advertised his artwork for sale on this website.
2. amendments to terms and conditions
we reserve the right to amend these terms and conditions from time to time. amendments will be effective immediately upon notification on this website. your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
3. acknowledgement
3.1 you agree and acknowledge that this website merely acts as an online venue to facilitate the sale of artwork by the artist to art buyers.
3.2 when you enter into a transaction to buy artwork from this website you will create a legally binding contract with the artist selling that artwork. you are responsible for ensuring that you comply with your obligations to the artist. if you do not, you may become liable to him.
4. purchase
4.1 in purchasing artwork from patrick christie ink., the art buyer agrees to make payment using paypal
4.2 in using paypal to make a purchase from patrick christie ink., the art buyer, the artist and patrick christie ink. agree to be bound by all terms and conditions set out in the user agreement and buyer complaint policy which can be viewed via the following link
https://www.paypal.com/au/cgi-bin/webscr?cmd=p/gen/ua/policy_pbp-outside#complaint-policy
including, but not limited to:
4.2.1 ordering procedure
4.2.2 eligibility requirements
4.2.3 disputes and claims
4.2.4 buyer responsibilities
4.2.5 limitations
5. refund and return
5.1 within 14 days from the date you receive the artwork you may provide the artist with a written request for a refund of the purchase price and return of the artwork but only in the following limited circumstances -
5.1.1. the artwork you receive is not the artwork that you ordered; and/or
5.1.2 you change your mind about the purchase.
5.2 the discretion to accept a request for refund and return of the artwork will rest solely with the artist.
5.3 in the event that your request for refund and return of the artwork is accepted by the artist
5.3.1 subject to clause 5.4 and 5.5 the artist will arrange and have sole responsibility for the collection of the artwork from you; and
5.3.2 subject to clause 5.4 and 5.5 the artist will refund the purchase price to you through paypal within two business days upon confirmation by the artist that the artwork has been collected from you and is in the same condition as it was dispatched.
5.4 the artist will arrange and bear all freight delivery and insurance costs to retrieve the artwork from you in the event that a request for refund and return is accepted by the artists on the basis of clause 5.1.1.
5.5 in the event that a request for refund and return is accepted by the artist on the basis of clause 5.1.2, the art buyer agrees to pay and authorise the artist to deduct and retain from the purchase price:
5.5.1 all freight delivery and insurance costs associated with the return of the artwork to the artist by a courier and / or delivery service approved by the artist
5.5.2 all paypal fees and charges associated with the collection and refund of payment.
6. cancellation due to error
6.1 you acknowledge that despite our reasonable precautions, artwork may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. in these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order and/or paypal payment has been confirmed. we reserve this right up and until the time of delivery of artwork to you. if a cancellation of this nature occurs after your paypal payment for the purchase has been confirmed, we will immediately issue a return payment through paypal for the amount in question.
7. responsibility
7.1 we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
7.2 we offer no warranties in relation to the artwork or services sold or linked on this website.
7.3 to the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
7.3.1 if the breach relates to goods:
7.3.1.1 the replacement of the goods or the supply of equivalent goods;
7.3.1.2 the repair of such goods;
7.3.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
7.3.1.4 the payment of the cost of having the goods repaired; and
7.3.2 if the breach relates to services:
7.3.2.1 the supplying of the services again; or
7.3.2.2 the payment of the cost of having the services supplied again.
7.4 except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
8. legislation
the disclaimer and refund and return policy set out in these terms and conditions do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
9. specific warnings
9.1 you must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
9.2 you must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
9.3 for the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
9.4 while we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. we do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or current or information contained on this website.
9.5 responsibility for the consent of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. the placement of such advertisements does not constitute a recommendation or endorsement by us of the advertised' products and each advertiser is solely responsible for any representations made in connection with this advertisement.
9.6 you acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. we do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
10. copyright
10.1 copyright in this website (including text, graphics, logos, icon, sound recordings and software) is owned or licensed by us. other than for the purposes of, and subject to the conditions prescribed under, the copyright act 1968 (cth) and similar legislation which applies to your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
10.1.1 adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any of this website; or
10.1.2 commercialise any information, products or services obtained from any part of this website, without our written permission.
11. linked websites
11.1 this website may contain links to other websites ("linked websites"). those links are provided for convenience only and may not remain current or be maintained.
11.2 we are not responsible for content or privacy practices associates with linked websites.
11.3 our links with linked websites should not be construed as an endorsement, approval or recommendation by us to the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
12. privacy policy
we undertake to comply with the terms our privacy policy which can be viewed via the following link http://www.patrickchristieink.com/privacypolicy
13. termination of access
access to this website may be terminated at any time by us without notice. our disclaimer will nevertheless survive any such termination.
14. governing law
these terms and conditions are governed by the laws in force in the state of victoria. you agree to submit to the jurisdiction of the courts of that jurisdiction and/or the federal court of the commonwealth of australia (as the case may require).
15. general
15.1 we accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
15.2 if we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
15.3 if any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
these terms and conditions apply to the use of this website, including the purchase of artwork on this website if you are an art buyer or prospective art buyer within the meaning of these terms and conditions. in using this website for these or any other purposes, you agree to be bound by these terms and conditions. if you do not accept these terms and conditions, you must refrain from using the website. these terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
1. terminology
1.1 in these terms and conditions, the expressions:
1. "art buyer" means a customer or prospective customer or other user of this website;
2. "artwork" means any item(s) of art advertised for sale on this website;
3. "we", "us" and "our" are a reference to "patrick christie ink" (a sole trader) (australian. business number 67263447938);
4. "artist" means patrick christie who has advertised his artwork for sale on this website.
2. amendments to terms and conditions
we reserve the right to amend these terms and conditions from time to time. amendments will be effective immediately upon notification on this website. your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
3. acknowledgement
3.1 you agree and acknowledge that this website merely acts as an online venue to facilitate the sale of artwork by the artist to art buyers.
3.2 when you enter into a transaction to buy artwork from this website you will create a legally binding contract with the artist selling that artwork. you are responsible for ensuring that you comply with your obligations to the artist. if you do not, you may become liable to him.
4. purchase
4.1 in purchasing artwork from patrick christie ink., the art buyer agrees to make payment using paypal
4.2 in using paypal to make a purchase from patrick christie ink., the art buyer, the artist and patrick christie ink. agree to be bound by all terms and conditions set out in the user agreement and buyer complaint policy which can be viewed via the following link
https://www.paypal.com/au/cgi-bin/webscr?cmd=p/gen/ua/policy_pbp-outside#complaint-policy
including, but not limited to:
4.2.1 ordering procedure
4.2.2 eligibility requirements
4.2.3 disputes and claims
4.2.4 buyer responsibilities
4.2.5 limitations
5. refund and return
5.1 within 14 days from the date you receive the artwork you may provide the artist with a written request for a refund of the purchase price and return of the artwork but only in the following limited circumstances -
5.1.1. the artwork you receive is not the artwork that you ordered; and/or
5.1.2 you change your mind about the purchase.
5.2 the discretion to accept a request for refund and return of the artwork will rest solely with the artist.
5.3 in the event that your request for refund and return of the artwork is accepted by the artist
5.3.1 subject to clause 5.4 and 5.5 the artist will arrange and have sole responsibility for the collection of the artwork from you; and
5.3.2 subject to clause 5.4 and 5.5 the artist will refund the purchase price to you through paypal within two business days upon confirmation by the artist that the artwork has been collected from you and is in the same condition as it was dispatched.
5.4 the artist will arrange and bear all freight delivery and insurance costs to retrieve the artwork from you in the event that a request for refund and return is accepted by the artists on the basis of clause 5.1.1.
5.5 in the event that a request for refund and return is accepted by the artist on the basis of clause 5.1.2, the art buyer agrees to pay and authorise the artist to deduct and retain from the purchase price:
5.5.1 all freight delivery and insurance costs associated with the return of the artwork to the artist by a courier and / or delivery service approved by the artist
5.5.2 all paypal fees and charges associated with the collection and refund of payment.
6. cancellation due to error
6.1 you acknowledge that despite our reasonable precautions, artwork may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. in these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order and/or paypal payment has been confirmed. we reserve this right up and until the time of delivery of artwork to you. if a cancellation of this nature occurs after your paypal payment for the purchase has been confirmed, we will immediately issue a return payment through paypal for the amount in question.
7. responsibility
7.1 we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
7.2 we offer no warranties in relation to the artwork or services sold or linked on this website.
7.3 to the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
7.3.1 if the breach relates to goods:
7.3.1.1 the replacement of the goods or the supply of equivalent goods;
7.3.1.2 the repair of such goods;
7.3.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or
7.3.1.4 the payment of the cost of having the goods repaired; and
7.3.2 if the breach relates to services:
7.3.2.1 the supplying of the services again; or
7.3.2.2 the payment of the cost of having the services supplied again.
7.4 except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this website or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
8. legislation
the disclaimer and refund and return policy set out in these terms and conditions do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
9. specific warnings
9.1 you must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
9.2 you must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
9.3 for the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
9.4 while we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. we do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or current or information contained on this website.
9.5 responsibility for the consent of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. the placement of such advertisements does not constitute a recommendation or endorsement by us of the advertised' products and each advertiser is solely responsible for any representations made in connection with this advertisement.
9.6 you acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. we do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
10. copyright
10.1 copyright in this website (including text, graphics, logos, icon, sound recordings and software) is owned or licensed by us. other than for the purposes of, and subject to the conditions prescribed under, the copyright act 1968 (cth) and similar legislation which applies to your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
10.1.1 adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any of this website; or
10.1.2 commercialise any information, products or services obtained from any part of this website, without our written permission.
11. linked websites
11.1 this website may contain links to other websites ("linked websites"). those links are provided for convenience only and may not remain current or be maintained.
11.2 we are not responsible for content or privacy practices associates with linked websites.
11.3 our links with linked websites should not be construed as an endorsement, approval or recommendation by us to the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
12. privacy policy
we undertake to comply with the terms our privacy policy which can be viewed via the following link http://www.patrickchristieink.com/privacypolicy
13. termination of access
access to this website may be terminated at any time by us without notice. our disclaimer will nevertheless survive any such termination.
14. governing law
these terms and conditions are governed by the laws in force in the state of victoria. you agree to submit to the jurisdiction of the courts of that jurisdiction and/or the federal court of the commonwealth of australia (as the case may require).
15. general
15.1 we accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
15.2 if we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
15.3 if any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
