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 "Art for this Space" (a partnership) (Vic. Business Registration No. B2064459V);
  4. "Artist" means an artist who has advertised or wishes to advertise his or her Artwork for sale on this website in accord with the Terms and Conditions of Website Use (Sale of Artwork).
• 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 Artists 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 or her.
• 3.3 Our role in any transaction for the purchase of Artwork on this website will be limited to:
  1. processing the ordering information;
  2. receiving payment from you on behalf of the Artist;
  3. holding the payment on behalf of the Artist for 14 days from the date of delivery of the Artwork to you by the Artist;
  4. releasing payment to the Artist at the expiry of 14 days from the date of delivery of the Artwork to you unless otherwise refunded in accord with these terms and conditions; and
  5. considering any request for refund and return of the Artwork all in accordance with these terms and conditions.
• 4. Ordering Procedure
• 4.1 You may submit a non-binding expression of interest to purchase Artwork for the purchase price specified on this website by completing and submitting the customer registration form found on this website.
• 4.2 Upon receipt by Us of your validly completed customer registration form the Artist will provide you with an estimate of the freight delivery and insurance costs associated with transporting the Artwork to the address specified in your customer registration form.
• 4.3 After receiving the estimate described in clause 4.2 you may offer to purchase the Artwork for the purchase price and estimated freight delivery and insurance costs by completing and submitting the Artwork Order Form found on this website.
• 4.4 You may revoke or the Artist may reject your offer to purchase the Artwork if after you have submitted an Artwork Order Form in accord with clause 4.3 the Artist confirms that:
  1. the Artwork has been sold to another party;
  2. the Artwork is no longer available for purchase; or
  3. there has been a change in the estimate provided to you pursuant to clause 4.2.
• 4.5 Unless your offer to purchase the Artwork is cancelled in accord with clause 4.3 you agree to pay to Us the purchase price and freight delivery and insurance costs specified in your Artwork Order Form within 7 days of acceptance of your offer by the Artist.
• 4.6 The Artist will arrange delivery of the Artwork to you upon receipt by Us of the Artwork Order Form purchase price and freight delivery and insurance costs in accord with clause 4.5 unless the offer is otherwise cancelled in accord with clause 4.4.
• 4.7 We will notify the Artist once your payment has been processed.
• 4.8 Title in the Artwork does not pass to you until We receive payment of the purchase price and any freight delivery and insurance costs in accord with clause 4.5.
• 4.9 Risk of loss or damage to the Artwork passes to you upon dispatch.
• 4.10 We give no undertaking as to the availability of Artwork advertised on this website.
• 4.11 Payment must be effected in the manner described on this website. Prices advertised on this website are inclusive of goods and services tax (if any) but exclusive of any freight delivery and insurance costs (for which an estimate can be provided separately in accord with clause 4.2). All credit card transactions will incur a surcharge of 3.05%. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
• 5. Refund and Return
• 5.1 Within 14 days from the date you receive the Artwork you may provide Us with a written request for a refund of the purchase price and return of the Artwork but only in the following limited circumstances -
  1. the Artwork arrives in a damaged condition and that damage was not caused by you;
  2. the Artwork you receive is not the Artwork that you ordered; and/or
  3. 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 Us.
• 5.3 In the event that your request for refund and return of the Artwork is accepted by Us Ð
  1. We will notify the Artist of Our acceptance of your request;
  2. subject to clause 5.4 the Artist will arrange and have sole responsibility for the collection of the Artwork from you; and
  3. subject to clause 5.4 We will refund the purchase price to you 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 Us on the basis of either clauses a or b. In the event that a request for refund and return is accepted by Us on the basis of clause c, you agree to pay and authorise Us to deduct and retain from the Purchase Price:
  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; and
  2. our then standard refund fee as advised from time to time on this website (being on account of Our reasonable administrative costs and expenses associated with facilitating and refunding the purchase price) before remitting the balance of the purchase price to you by way of a refund.
• Cancellation due to Error
• 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 has been confirmed and your credit card has been charged. We reserve this right up and until the time of delivery of Artwork to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, We will immediately issue a credit to your credit card account for the amount in question.
• 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 You acknowledge that We make no representation as to ownership of title in the Artwork advertised or offered for sale on this website or as to the ability of the Artist to complete a transaction.
• 7.4 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:
  1. if the breach relates to goods:
     1. the replacement of the goods or the supply of equivalent goods;
     2. the repair of such goods;
     3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
     4. the payment of the cost of having the goods repaired; and
  2. if the breach relates to services:
     1. the supplying of the services again; or
     2. the payment of the cost of having the services supplied again.
• 7.5 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:
  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any of this website; or
  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.artforthisspace.com.au/privacypolicy.php.
• 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.
• 16. To Return to the Website
• To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accept the above terms and conditions.
• Return