Conditions of use

A WEBSITE
This website is owned and operated by Art to Art (“the Company”).
The material on the website is subject to the copyright of the Company and/or other copyright owners.
The website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out below or linked to this page.
By continuing to access the website you are agreeing to the terms and conditions set out.

1. INTELLECTUAL PROPERTY RIGHTS
The material contained on this website is protected by copyright. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website, or create any other material using material on this website, without obtaining the Company’s prior written consent.
Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the Company’s prior written consent.
The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this website must not in any way infringe the intellectual property rights of any person.

2. SECURITY
When you order through this website a secure server is used. The server encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and we are not responsible for events arising from unauthorised access of the information you provide.

3. DISCLAIMERS & LIMITATION OF LIABILITY
Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, the Company:

Excludes all conditions & warranties implied by these Terms;
To the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this website; and
Excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this website.
Without limiting the general disclaimer, the Company
Is not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date;
Will not be liable for disruptions to this website; and
Is not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of this website. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything.

B PRODUCT SALES

4. TERMS AND CONDITIONS

4.1 The following terms and conditions govern the sale of products by the Company to customers in Australia. By using this web site and/or accepting delivery of products ordered from the Company whether via this website, telephone, facsimile or other means, you agree to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS SHALL APPLY TO ANY SALE FROM THE COMPANY TO YOU. Products described on this web site are only available to residents of Australia when ordered through this website from a location and Internet Service Provider (ISP) within Australia AND for shipment to an address within Australia.

4.2 The Company reserves the right to change these terms and conditions without prior written notice at any time, at its sole discretion; the most current version will always be posted on this site. These terms and conditions may not be supplemented, modified or altered by the use of any other documents(s). Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by the Company.

4.3 Own Use
You agree and represent that you are buying products from the Company for your own use and not for resale.

4.4 Payment Terms: Orders: Quotations
Payment by credit card shall be subject to authorisation from your credit card issuer and such authorization must be received by the Company prior to order acceptance, unless some other pre-arranged method of payment has been accepted by the compnay.
Orders are not binding on the Company unless accepted by the Company. Acceptance of an order occurs when product ships. Acknowledgment of receipt of an order does not constitute acceptance of the order by the Company. Product ordered may become unavailable due to product or parts shortages, discontinuance of product, or other reasons. In such event, the Company will promptly notify you via email, if provided, or telephone.
Any quotation provided by the Company will be valid for the duration stated in the quotation. If no duration is stated, such quotation is valid for 48 hours from date of quotation.

4.5 Products and Prices: Shipping and Handling Charges: Taxes: Interest
Prices and configurations shown are subject to change without prior notice at any time before acceptance of your order. Prices are expressed in Australian currency and are GST inclusive. The Company is not liable for typographical errors or omissions and mistakes on quotations or prices. Images are for illustration purposes only and may not accurately portray the products delivered in response to orders placed.

4.6 Title
Title and risk of loss shall pass to you upon shipment from the Company's facility. Title to all software will remain with the applicable licensor(s).

4.7 Warranties
4.7.1 a twelve month warranty is given with respect to all goods purchased as and from the date of purchase. Conditions do, however, apply to product returns. In this respect, you agree to abide with the return policies of the Company set out in clause 4.10 hereof.
4.7.2 Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose are expressly excluded. The Company is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods or arising out of the Company’s negligence or in any way whatsoever.
4.7.3 You warrant that you are over the age of 18 years and may otherwise lawfully conclude a contract with the Company.
4.7.4 The Company’s liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is limited to any one or more of the following:
4.7.4.1 the replacement of the goods or the supply of equivalent goods;
4.7.4.2 the payment of the cost of replacing the goods or of acquiring equivalent goods;
4.7.5 The Company’s liability under s 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay to the purchaser an amount equal to:-
4.7.5.1 the cost of replacing the goods;
4.7.5.2 the cost of obtaining equivalent goods.

4.8 Software License and Warranty
All software is provided subject to the applicable end-user license agreement included with the product. Warranties, if any, for the software shall be in accordance with the license agreement. The Company does not warrant any software under these terms and conditions.

4.9 Shipment Delivery and Availability
The Company can only ship to your address in Australia. The Company cannot ship outside of Australia, or to Post Office Boxes.
The Company may deliver products in installments. Any delivery or shipment date provided is a good faith estimate. You acknowledge that product availability may be limited, and particular products may not be available for immediate delivery. The Company will not be liable for any loss, damage or expense related to any delay in shipment or delivery.
Typical delivery time is overnight, one day after the order is placed. Nevertheless, logistical problems may be encountered and, in consequence, delivery times may extend up to seven days from the date of the placement of the order.
If the nominated stock is unavailable, you will be advised by the email address you have provided and the Company will indicate the availability dates of the nominated stock or provide you with other options for your consideration.
Delivery time is dependent on the time of day an order is placed, the day of the week an order is placed and the response times of our courier companies.
Products ordered is not available to be picked up from the Company save and except by prior arraignment with the Company evidenced in writing (email correspondence).

4.10 Compatability
Prior to purchase, you are responsible for consulting compatibility charts on this web site to determine the compatibility of specific accessories with branded products. If you purchase an accessory from the Company and determine that the accessory is not compatible with another product within fifteen (15) days after you receive the accessory, the accessory may be returned to the Company to the extent permitted under the Company’s Return Policies above.

4.11 Service and Support
The Customer Support Centre personnel will attempt to help with any problem involving products sold by the Company. However, the Support Centre personnel may not be able to resolve every given problem. The Support Centre may be reached between 9.00 am and 5.00 pm (C.S.T) Monday to Friday (except public holidays).

C GENERAL

5. No Assignment
You may not assign your rights or obligations under these terms and conditions without the express written consent of the Company.

6. Severability
If any of these terms and conditions are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired thereby.

7. Newsletter
In placing an order for a product, you agree to receive advertisements and promotions by means of both post and email. The Company enforces a strict privacy policy with respect to customer details in accordance with the laws of Australia. Nevertheless, the Company cannot be responsible for (and you agree that the Company shall not be responsible for) misuse of information arising in circumstances beyond the control of the Company. In the event that you wish to discontinue your subscription to the newsletter or otherwise not receive further information from the Company, you may do so by advising the Company by email. Upon receipt of that email, your name will be immediately removed from the distribution list.

8. Entire Agreement
These terms of sale constitute the entire and sole agreement between you and the Company and supersedes all prior agreements, representations, warranties and understandings with respect to the subject matter of these terms.

9. Jurisiction
Any claim, dispute, or controversy between you and the Company arising from or relating to the agreement shall be subject to the law in force in the State of South Australia.

Effective 2016