TERMS OF SALE
These Terms of Sale constitute a legally binding contract between the customer (“you”) and Kerry Anne Sullivan (“Kerry Anne Sullivan”) and apply to the ordering, purchase, fulfilment and delivery of original artwork produced by Kerry Anne Sullivan (the “Goods”) from www.kerryannesullivan.com. By placing an order for Goods from Kerry Anne Sullivan you agree to these Terms of Sale.
Please read the following Terms of Sale carefully before placing your order. The Terms of Sale contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms of Sale:
“Account” means a personal account created by you on the Website;
“Delivery Charge” has the meaning given in Section 3(3);
“Freight Carrier’s Insurance” means the insurer for the freight carrier as specified from time to time on the Website.
“International Delivery Charges” has the meaning given in Section 3(4);
“Order” means an order for Goods, placed on the Website;
“Website” means kerryannesullivan.com.
2. YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Kerry Anne Sullivan represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms of Sale shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. PRICING & TAXES
(1) Prices for Goods are as shown on the Website.
(2) Kerry Anne Sullivan reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Kerry Anne Sullivan.
(3) In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart on the checkout page.
(4) If Kerry Anne Sullivan agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart. You will also be responsible for any foreign taxes or duties that apply including, without limitation, any customers or import duties.
(5) All prices and Delivery Charges and International Delivery Charges quoted are in Australian dollars.
4. YOUR ACCOUNT
(1) If you do not already have an Account you will need to create one before placing an Order.
(2) You may not set up an Account for someone else.
(3) Please ensure that you enter all information carefully when creating an Account. You warrant to Kerry Anne Sullivan that all information provided by you in relation to your Account is complete, true and accurate
(4) You must notify Kerry Anne Sullivan immediately if you become aware of any actual or potential unauthorised use of your Account.
(5) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Kerry Anne Sullivan will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Account which takes place before you notify Kerry Anne Sullivan, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
(6) If Kerry Anne Sullivan suffers any loss, damage, cost or expense as a result of any unauthorised use of your Account which takes place before you notify Kerry Anne Sullivan then you must pay Kerry Anne Sullivan the amount of that loss, damage, cost or expense if Kerry Anne Sullivan asks you to.
(1) You can place an Order by following the instructions on the Website.
(2) An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable International Delivery Charge. Kerry Anne Sullivan may accept or reject your offer in her absolute discretion.
(3) Each Order that you place will, if accepted by Kerry Anne Sullivan, be a separate and binding agreement between you and Kerry Anne Sullivan with respect to the supply of the relevant Goods, in accordance with these Terms of Sale.
(4) Whilst Kerry Anne Sullivan tries to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If she discovers an error in the price of any goods which you have ordered she will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
(5) Whilst images displayed on the website are actual photographs of the Goods, it is your responsibility to make enquiries regarding the Goods. The colours of photographs can be altered when viewed on computer, telephone and camera screens. If you have any concerns regarding the colours of the Goods, you must contact us prior to ordering the Goods.
(6) The sizes of the Goods described on the website are approximations and refer to the artwork (and not the frames).
(7) The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
(8) You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
(9) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Kerry Anne Sullivan will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in the immediately preceding subsection, arising out of or in connection with you accessing the Website or as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Kerry Anne Sullivan whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
(1) When you submit an Order you will receive an Order reference number via e-mail.
(2) Kerry Anne Sullivan will process payment for your Order when, or shortly after, you place your Order. Your Order is deemed to be accepted by Kerry Anne Sullivan when Kerry Anne Sullivan receives payment for your order sends you confirmation by e-mail that the product you ordered has been dispatched to you. Only those Goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. However, Kerry Anne Sullivan may, in certain circumstances, cancel your Order after acceptance as set out in these Terms of Sale. In the event that Kerry Anne Sullivan cancels your Order having already processed payment, she will refund payment in accordance with the “Refunds” section12.
(3) You must pay for Goods and any applicable Delivery Charge or International Delivery Charges by PayPal account or any other method available via the Website from time to time.
(4) Kerry Anne Sullivan may not be able to, or may decline to, accept payment from you at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Kerry Anne Sullivan reserves the right to cancel your Order and/or place your Order on hold and request and you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
(5) Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. CANCELLATION OF ORDERS
(1) Kerry Anne Sullivan reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Kerry Anne Sullivan may do this for example, but without limitation, where:
(a) Goods are unable to be delivered to the address provided;
(b) you made arrangements to collect the Goods from Kerry Anne Sullivan directly and you did not collect the Goods within 7 days of your Order being accepted (or as otherwise agreed in writing);
(c) an event beyond Kerry Anne Sullivan’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Kerry Anne Sullivan is unable to supply the Goods within a reasonable time;
(d) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(2) You may cancel your Order where Kerry Anne Sullivan:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms of Sale, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
(3) Where Kerry Anne Sullivan cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
(4) In the event of Kerry Anne Sullivan or you are cancelling your Order after payment has been processed, Kerry Anne Sullivan will refund any money paid in respect of that Order minus any Delivery Charge or International Delivery Charges.
(5) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these Terms of Sale, Kerry Anne Sullivan will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. AVAILABILITY OF GOODS
Kerry Anne Sullivan cannot guarantee availability of the Goods at all times. You acknowledge and agree that, from time to time, certain Goods may not be available. Kerry Anne Sullivan reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Kerry Anne Sullivan will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
(1) Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
(2) Goods will generally be delivered to addresses within Australia. If Kerry Anne Sullivan is unable to deliver the Goods to you, she will notify you by email.
(3) Following dispatch of your Goods, Kerry Anne Sullivan will email you with confirmation of dispatch and an invoice for your Order.
(4) On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
(5) Where an Order is to be delivered within Australia, delivery is likely to take within 14 days.
(6) Where an Order is to be delivered outside Australia, delivery is likely to take between 2-4 weeks by air mail.
(7) If a frame is part of the order, it will not include the glass front section of the frame for safety reasons.
10. PICK-UP OF GOODS
(1) Goods can be picked up directly from a Kerry Anne Sullivan rather than being dispatched to you. Where you wish to pick-up the Goods you will need to nominate this option when you place your Order. If you have selected this option, Kerry Anne Sullivan will contact you to arrange a pickup time.
(2) When picking up Goods:
(a) you must provide photo identification (current drivers licence, passport or Keypass) to Kerry Anne Sullivan to verify that you are the purchaser. If requested, you must allow Kerry Anne Sullivan to take a copy of this identification for fraud prevention purposes. The copy will not be used by Kerry Anne Sullivan for any other purpose or disclosed to any person outside of Kerry Anne Sullivan;
(b) you will also need to bring the email that Kerry Anne Sullivan has sent to you confirming that the stock is available for pick-up; and
(c) Kerry Anne Sullivan has the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event Kerry Anne Sullivan will contact the person who placed the Order using the contact details provided.
11. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
You agree and acknowledge that:
(1) Kerry Anne Sullivan does not guarantee the delivery or availability of Goods within the timeframes set out in above or otherwise specified by Kerry Anne Sullivan or any of her representatives;
(2) events outside Kerry Anne Sullivan’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
(3) delays are particularly likely to occur around Christmas, Easter and public holidays; and
(4) except to the extent expressly set out in these Terms of Sale or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Kerry Anne Sullivan nor any of her agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
(1) Where Kerry Anne Sullivan is obliged to refund your payment pursuant to these Terms of Sale, Kerry Anne Sullivan aims to initiate your refund within 7 business days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
(2) Kerry Anne Sullivan may, but is not obliged to refund your payment if you change your mind about the Product, if you have damaged the Product through misuse, if the colours of the Goods do not substantially match the photographs on the sale page or if you have ordered the wrong product.
(3) Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Kerry Anne Sullivan will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
13. RETURNS/FAULTY OR DAMAGED GOODS
(1) You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact Kerry Anne Sullivan via the Contact Page of the Website as soon as possible.
(2) If you are not satisfied with the Goods, then you may return them within 30 days of receipt in exchange for credit (less any shipping or delivery costs) in accordance with this section.
(3) If the goods are lost or damaged while in transit, then you will need to make a claim through the Freight Carrier’s Insurance.
(4) When returning Goods:
(a) please provide Kerry Anne Sullivan with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return any and all out-of-the-box accessories supplied at the time of original purchase.
(c) Customers are also encouraged to use the original packaging or similar packaging in order to avoid damage in transit.
(5) You are not entitled to any refund or exchange just because any packaging is damaged in transit.
(6) Any credit received must be used to purchase further Goods on the Website within six months.
14. MORE INFORMATION ABOUT KERRY ANNE SULLIVAN LIABILITY TO YOU
To the full extent permitted at law, Kerry Anne Sullivan is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
16. WEBSITE TERMS
(1) Kerry Anne Sullivan reserves the right to amend these Terms of Sale at any time. Any amendment will take effect from the time that it appears on the Website. The Terms of Sale which apply at the time that you place your Order are the Terms of Sale which will apply to your Order.
(2) Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
(3) These Terms of Sale are governed by the laws of Victoria, Australia.[/vc_column_text][/vc_column][/vc_row]