Ngwarle Untye Art Shipping policy

CUSTOMER TERMS AND CONDITIONS By purchasing Artwork from us, you agree to the following Terms of sale: 1. Definitions and Interpretation In these Terms: (a) Artwork means the Traditional Aboriginal Artworks and Contemporary and Abstract Artworks we offer for purchase through this Website, client portal and webhosting services, social media (such as Facebook and Instagram), our merchandising shop with the products contained therein and any other means (such as fairs and exhibitions); (b) Terms means these terms and conditions which apply to customers; (c) the Website means the website www.ngwarleuntyeart.com; and; (d) a reference to “we”, “us” or “our” means Ngwarle Untye Art ABN 28 838 207 607 trading as Ngwarle Untye Art and any subsidiaries, affiliates, employees, officers, agents or assigns; (e) headings are for convenience only and do not affect interpretation; (f) the singular includes the plural and conversely, and a gender includes all genders; and (g) “including” and similar expressions are not words of limitation. 2. Accuracy of content We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website. Please note that although we endeavour to use high quality images to depict the Artwork on sale, colours may differ according to your computer screen. For enquiries, please email us at [email protected] 3. Authenticity We guarantee that all our Artwork are produced by Aboriginal artists. 4. Pricing Prices for Artwork are shown in Australian dollars and include GST where applicable. Prices include packaging and shipping insurance fees. Prices may not include delivery. Despite our best efforts, Artwork may be incorrectly priced. In the event of a discrepancy in the stated price, we will contact you for instructions before shipping or cancel your order and notify you of the cancellation. We reserve the right to correct any errors published on the Website. 5. Shipping Policy Once you have confirmed your order and we have received payment for the Artwork, we will send the Artwork to you within [28] business days (Australian Standard Parcel Delivery). Delivery of the Artwork will be deemed to have occurred once the packaged, stamped and addressed Artwork is placed with Australia Post, or another carrier we may use. Although we endeavour to keep the Artwork in quality condition upon delivery, please note that we hold no responsibility for Artwork that has been lost or damaged in transit. OR Any damaged or lost works are covered under shipping insurance in accordance with the Australia Post Guidelines. 6. Title and Risk As soon as the Artwork is paid in full, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you. 7. Stock availability You shall not be entitled to object if information about Artwork on the Website is not correct or if advertised products are not available or if images of products differ from the actual products. If you pay for an Artwork and we cannot supply it, we will refund the price of the Artwork to you. 8. Refund policy Please purchase the Artwork carefully, as we do not refund or accept exchanges. Refunds will only be granted in exceptional circumstances, such as in Term 7 above. 9. Afterpay 10. Ownership of Intellectual property and copyrights We hold the copyright and all other intellectual property. It is our expectation that the Artwork will not be purchased for resale and will be retained by you for your own personal enjoyment. In addition, you must not produce any image of the Artwork, and may not publish or submit for publication or reproduction of an image of the Artwork to any third party, for any purpose without any express, written agreement from us. Breaching these Terms may result in Court proceedings against you, and the payment of damages will not be a sufficient remedy to compensate us for your breach. 11. Data protection We may collect, hold, control, use and transmit personally identifiable information obtained from you in the course of your purchase of the Artwork. By agreeing to these Terms of sale, you agree to such information being used in these ways and for such information to be disclosed to us if you are in breach of your obligations under these Terms. 12. Links to external websites This Website may contain links that direct you outside of this Website (such as Afterpay). These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these third party sites. You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by providing notice to you. 13. Limitation of Liability We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Artwork. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Artwork are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages or loss whatsoever, incurred as a result of or relating to the use of the Website or our Artwork. 14. Indemnification for loss or damage You agree to indemnify and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Artwork, including any direct or indirect liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you. 15. Privacy and Confidentiality Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Artwork, is governed by our Privacy Policy. By using this Website and the Artwork associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here. We will take all reasonable endeavours to ensure that personal information you provide to us will be kept confidential and dealt with in a confidential manner in accordance with our Privacy Policy. 16. Miscellaneous These Terms are governed by and construed in accordance with the laws of Western Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Western Australia. We retain the right to bring proceedings against you for breach of these Terms, in your country of residence or any other appropriate country or jurisdiction. We do not waive a right, power or remedy available pursuant to these Terms if we fail to exercise or delay in exercising the right, power or remedy. If any part of these terms becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to have full force and effect. No rule of construction applies to our disadvantage because we were responsible for preparing, or seek to rely on, these Terms or any part of them. We may change these Terms from time to time without providing notice to you, by posting an updated version of the Terms on our Website. Prior to using our Website you should ensure that you have reviewed and are aware of the terms and conditions of use contained in these Terms, including any amendments. By continuing to use the Website you agree to the terms and conditions of use contained in these Terms as amended from time to time.

Ngwarle Untye Art Refund policy

Please purchase the Artwork carefully, as we do not refund or accept exchanges. Refunds will only be granted in exceptional circumstances, such as in Term 7 above.

Ngwarle Untye Art Return policy

As soon as the Artwork is paid in full, you will become the legal owner of the Artwork and, upon such payment, you will be responsible for the Artwork and the risk of damage to or loss of the Artwork will pass to you.  We do not except returns. Considerations may be given only in exceptional circumstances in discretion.