Sharlene Ross Art

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Sharlene Ross Art

Terms & Conditions

Sharlene Ross-Wilson trading as Sharlene Ross Art ABN 38 899 331 359 (‘Sharlene Ross Art’; ‘us’; ‘we’).

 

The following Terms of Condition of Use (‘Conditions’) govern your access and use of this website (‘Site’). By accessing or using this Site, you indicate your agreement to these Conditions. Please carefully read these Conditions before accessing or using this Site, as your use and access create a binding agreement to these Conditions. If you do not wish to be bound by these Conditions, do not access or use this Site.

 

By using this Site or purchasing Goods or Services from Sharlene Ross Art, you as the customer (‘you’; ‘Customer’) hereby acknowledge that you are entering into a binding contract with Sharlene Ross Art and agree to be legally bound by the following terms and conditions:

 1. Definitions

Agreement means the Conditions;

Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth);

Business Day means any day other than a Saturday, Sunday or public holiday in the jurisdiction where the Customer resides;

Conditions mean these terms and conditions of use and any changes agreed to by the parties in writing;

Consequential Loss means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise;

Customer means the party entering into this Agreement with Sharlene Ross Art;

Goods means any and all goods supplied by Sharlene Ross Art including, but not limited to, portraits, artwork, photography collections and all related or ancillary goods;

Insolvency Event means, for the Customer, as applicable, being in liquidation or provisional liquidation, bankruptcy or under administration, having a controller (as defined in the Corporations Act 2001 (Cth)) (‘Corporations Act’) or analogous person appointed to the Customer or any of the Customer’s property, being taken under section 459F(1) of the Corporations Act to have failed to comply with a statutory demand, being unable to pay the Customer’s debts as and when they fall due, dying, ceasing to be of full legal capacity or otherwise becoming incapable of managing the Customer’s own affairs for any reason, taking any step that could result in the Company becoming an insolvent under administration (as defined in section 9 of the Corporations Act), entering into a compromise or arrangement with, or assignment for the benefit of, any of the Customer’s members or creditors, or any analogous event;

Loss means any expense, cost or damage of any kind and includes Consequential Loss and a fine or penalty imposed by a statutory or other authority;

Sharlene Ross Art means Sharlene Ross-Wilson trading as Sharlene Ross Art ABN 38 899 331 359 of PO Box 382, Broadbeach in the State of Queensland;

Services means any services provided by Sharlene Ross Art including, but not limited to, the supply of original artwork and all related or ancillary services; and

You means the Customer.

2. Interpretation

  • Singular words include the plural and vice versa. A mention of anything after include, includes or including, does not limit what else might be included.
  • These Conditions regulate key trading terms including the granting, and extension of, credit in connection with the supply of Goods or Services by Sharlene Ross Art to the Customer.

3. Payment

  • Unless otherwise agreed with us in writing, payment in full for the Goods shall be made on or prior to delivery in accordance with the terms of this Agreement.
  • Interest free payment plans may be offered by us to the Customer, at the absolute discretion of Sharlene Ross Art acting reasonably.

4. Customer obligations

  • The Customer has no entitlement to credit unless in its sole discretion we extend credit terms to the Customer.
  • The Customer agrees that it must pay, without any deduction or setoff, the price charged by Sharlene Ross Art for Goods supplied to the Customer at the time that the customer places an order.

 5. Availability

  • Acceptance of orders and completion of contracts are subject to the availability of the Goods.

 6. Risk

  • Risk in relation to any Goods passes to the Customer on delivery of the Goods.
  • If Sharlene Ross Art has expressly agreed to ship the Goods, risk in the Goods passes immediately on delivery of the Goods to the Customer’s designated place of delivery by Sharlene Ross Art or its agent.

 7. Delivery

  • Although we will use all reasonable efforts to meet our forecasts for delivery of the Goods, such forecasts are estimates only.

 8. Exclusion of implied terms

  • The Customer may have the benefit of consumer guarantees under the Australian Consumer Law. Otherwise, to the maximum extent permitted by law, all terms, conditions or warranties that would be implied into this Agreement or in connection with the supply of any Goods or Services by us under law or statute or custom or international convention are expressly excluded.

 9.Site Content and Use

  • While this Site is not aimed at children, we believe that the content found here is suitable for a family audience. If you are a minor under the age of 18, you need the consent of your parent or guardian to use or access the products and services on the Site. In addition, Sharlene Ross Art does not knowingly collect personally identifiable information from children.
  • Any new products or features added to the Site will also be subject to these Conditions. The most current version of these Conditions will be available on this page. Sharlene Ross Art reserves the right to update, change or replace any part of these Conditions. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site following the posting of any changes constitutes acceptance of those changes.
  • You may use this Site for lawful purposes only. You will not use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Conditions.
  • Sharlene Ross Art endeavours to describe and display the content and products shown on the Site as accurately as possible. Please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. Sharlene Ross Art reserves the right to refuse or cancel any order, for any reason, including on the basis of an incorrect price listing.

 10. Intellectual Property

  • This Site contains intellectual property owned by Sharlene Ross Art, including copyrights, trademarks, and proprietary information. Sharlene Ross Art reserves all rights in its intellectual property. You may not publish, create derivative works from, or in any way exploit any of the Site content, in whole or in part, without the prior, express written agreement of Sharlene Ross Art.
  • The Customer indemnifies Sharlene Ross Art in respect of any claims or damages or any costs arising in any manner from any reproduction of the Goods without proper reproduction rights of any work supplied to the Customer by Sharlene Ross Art.
  • The entire content included in this Site, including but not limited to text, graphics or code is copyrighted under Australian copyright laws and is the property of Sharlene Ross Art. The work includes works that are licensed to Sharlene Ross Art. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Sharlene Ross Art or purchasing Goods or Services from Sharlene Ross Art. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order for Goods or Services with Sharlene Ross Art. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorised in writing by Sharlene Ross Art. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

 11. Third-Party Links

  • In an attempt to provide increased value to our visitors, Sharlene Ross Art may link to sites operated by third parties. However, even if the third party is affiliated with Sharlene Ross Art, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sharlene Ross Art These linked sites are only for your convenience and therefore you access them at your own risk.

  12. Limitation of liability

  • To the maximum extent permitted by law, Sharlene Ross Art’s total liability arising out of or in connection with its performance of its obligations pursuant to these Conditions, or arising out of or in connection with the supply of specific Goods (including pursuant to or for breach of this Agreement or repudiation thereof, under statute, in equity or for tort, including negligent acts or omissions) is limited as follows:
    • Sharlene Ross Art shall have no liability to the Customer for any Consequential Loss; and
    • Sharlene Ross Art’s total aggregate liability for Loss, however arising, shall not exceed the GST exclusive aggregate price paid by the Customer to Sharlene Ross Art for the specific Goods or Services that gave rise to the Loss in question.
  • Each party must take reasonable steps to mitigate any Loss it suffers or incurs.
  • To the full extent permitted by law, you agree that under no circumstances shall Sharlene Ross Art be liable (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the use, reliance on, or inability to use the Site or its products; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in the Site or its products. In no event shall Sharlene Ross Art’s cumulative liability to you exceed the total purchase price of the products you have purchased from Sharlene Ross Art.

 13. Indemnification

  • You agree to defend and indemnify Sharlene Ross Art against any and all liability, claims and losses, including third-party claims, arising out of any breach by you of these Conditions or any use by you of the Site or our products. You shall not settle any third party claim or waive any defence without Sharlene Ross Art’s prior written consent.

 14. Refunds

  • Sharlene Ross Art does not provide refunds of any amount paid under this Agreement due to a change of mind or incorrect choice by the Customer.

 15. GST

  • If Sharlene Ross Art has any liability to pay Goods and Services Tax (GST) on the supply of any Goods or Services to the Customer, the Customer must pay to Sharlene Ross Art an amount equivalent to the GST liability of Sharlene Ross Art at the same time as the consideration is paid for the Goods (unless the consideration for that supply is expressed specifically to be GST inclusive).

 16. Miscellaneous

  • The person signing this Agreement on behalf of the Customer does so for and on behalf of the Customer and hereby covenants with Sharlene Ross Art that he or she has the authority of the Customer to make this Agreement on the Customer’s behalf and is empowered by the Customer to bind the Customer to this Agreement and hereby indemnifies Sharlene Ross Art against all losses, costs and claims incurred by Sharlene Ross Art arising out of the person so signing this Agreement not in fact having such power and/or authority.
  • If any of the terms and conditions of this Agreement are found to be void, voidable or unenforceable, then that part of this Agreement shall be severed from, and will not affect or derogate from, the validity and enforceability of the remaining provisions of,  this Agreement.
  • No amendment or variation of this Agreement is valid or binding on a party unless made in writing and executed by the parties.
  • This Agreement is governed by the laws of the State or Territory in which the Goods are being sold or Services provided by Sharlene Ross Art.
  • This Agreement contains the entire agreement between the parties and supersedes any and all prior agreement or negotiations between the parties. No other terms and conditions shall be binding upon Sharlene Ross Art unless agreed to in writing by Sharlene Ross Art after the date of this Agreement.
  • Sharlene Ross Art may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to us.
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