Wardell Investments Pty Ltd (ACN 619 218 405)
- Bison Art – Bisonart.com.au is an online marketplace owned and operated by Wardell Investments ACN 619 218 405/ ABN 81 619 218 405 (“Us, We”) which facilitates the purchase of artwork from our Artists. By making a purchase through our Website you are not buying anything directly from us.
- By using the Website and placing an order you (the “Buyer”) agree to these Terms and Conditions. These Terms and Conditions incorporate all of the policies on the Website.
- We reserve the right to change or modify these Terms and Conditions from time to time. The applicable Terms and Conditions are those appearing on our Website. If you do not agree with these Terms and Conditions you must not use the Website.
- The Website Terms and Conditions form part of these Buyer Terms and Conditions.
“Artist” means any person and/or entity who displays Artwork for sale on the Website.
“Artwork” means the pieces of art/artwork/products which a Buyer agrees to buy from the Artist using the Website.
“Buyer” means any person or entity who makes a purchase on our Website.
“Content” means all content comprising, and/or posted on, the Website and includes data, images, graphics, text, Artwork images and photos.
“Intellectual Property Rights” means any patent, trademark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
“Order Confirmation” means the email confirming the Buyer’s order and will confirm details such as the product purchased, the price and expected delivery/supply date.
“Price” means the amount displayed on the Website for the Artwork(s).
“Terms and Conditions” means these Terms and Conditions together with any Terms and Conditions displayed on our Website from time to time, and any special Terms and Conditions agreed in writing between the parties.
“Website” means the Website and all Content which appears at www.bisonart.com.au
- Nothing in these Terms and Conditions is intended to affect any Buyer’s statutory rights as a consumer.
- From time to time we may change these Terms and Conditions and it is your responsibility to check the Terms and Conditions which apply as at the time of your order. We also advise you print these terms as soon as you have placed your order.
- Your agreement is with us, not our Artists. You may not under any circumstances correspond with or communicate with our Artists.
- All information provided by us concerning the Artwork(s), including descriptions, weights and sizes of the Artwork(s) are provided by the Artist and you may not rely upon their accuracy for the purposes of this Agreement. Any specification, descriptions or Artwork details in any format or any form of advertising material are shown by us to provide some indication of the Artwork and are not part of any agreement unless specifically stated within the Order Confirmation.
- The Artist retains all copyright for artworks (including reproduction rights) even where the physical Artwork(s) is transferred to the Buyer.
- We reserve the right to refuse service to anyone at any time in our absolute discretion. We reserve the right to terminate our service at any time in our absolute discretion.
- All Artwork is sold on an ‘as is’ basis and we offer no warranties in connection with the Artwork(s) and the content on our Website.
- Once your order has been accepted you will be provided with an Order Confirmation which will confirm details of your purchase. Only the Artwork as detailed in the Order Confirmation is included. Since you are buying directly from the Artist, we will provide you with your invoice on behalf of the Artist.
- If an Artist is unable to supply any Artwork then we will, at our sole discretion, either
- Offer an alternative; or
- Cancel the order, and you will be provided with a full refund within 14 days of the cancellation date.
- Except as expressly stated in these Terms and Conditions or those statutory warranties which apply to consumers, all warranties, whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Artwork.
PRICE AND PAYMENT
- The Price of the Artwork, which includes any applicable GST, is as displayed in AUD on the Website at the time of purchase.
- The Price includes standard delivery within Australia. The Artist will provide carrier details in your despatch email.
- You must pay us the full price of your order before the Artwork(s) will be delivered. You agree to pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
- Additional Artwork or services will be subject to additional charges.
- An additional charge will be made for anything other than standard delivery, according to the address, size and weight of the Artwork. This will usually be displayed under the “shipping tab” on the Artwork page or, where it is not displayed you can email us at email@example.com for these charges once you have decided which Artwork you would like to purchase.
- Payment is made to us in accordance with the order process on the Website which outlines the current methods of payment which the Website accepts. Use of any payment card or method means that you are confirming that all the information contained within the order is true and accurate and that you are authorised to use the payment method. Occasionally, users may be asked to provide additional information, such as clarification of personal details (for example your address), particularly to enable us to complete an order.
- Once you have placed an order you are responsible for payment and, if you do not pay or there are any problems with your chosen method of payment, you remain responsible for payment.
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about you.
- Delivery is arranged by the Artist to the address, as provided by you on the Order Confirmation. We will provide information about delivery times once we receive confirmation from the Artist that the Artwork(s) has been despatched.
- Delivery is available only to an address located within Australia. You must provide a delivery location that is reasonably accessible for couriers and delivery of the Artwork(s). Failure to do so may incur extra delivery charges or mean that delivery is not possible.
- You are responsible for ensuring delivery information is accurate and for making arrangements to take delivery of Artwork. Risk in Artwork passes to you upon delivery of the Artwork.
- Where you have not made any arrangements to take delivery and delivery has been attempted then you will be responsible for any additional delivery charges incurred.
- Delivery times are estimates and not guaranteed.
- Multiple pieces of Artwork may be despatched individually.
- Artists may offer a range of delivery options (different shipping methods and services) so please ensure that you, the Buyer, select the option you require. However, sometimes these options may be limited because of the type of Artwork or the location you want the Artwork to be shipped to. If you have any queries about shipping please contact us via email.
- Although you may have a choice of delivery options, where applicable (such as exercising certain consumer rights), only any basic delivery charges (the cheapest) paid by you are refundable, unless the Artwork that is supplied to you by the Artist is damaged or faulty.
- If you have any particular shipping requirements then you must please contact us.
- Unless the applicable listing or Order Confirmation says otherwise, Artists aim to dispatch Artwork to you within 14 days of the date of accepting your order to comply with the law. If there is going to be a delay the Artist will let you know by email so you can cancel your order or choose another piece of Artwork. However, despatch and delivery times are only estimates, and neither we, nor the Artists, are responsible for late delivery or unavailability of Artwork.
- Delivery of Artwork will usually be by a service which requires a signature (this usually must be someone aged 18 or over), on receipt. Your signature, or that of someone on your behalf, confirms receipt of the Artwork but also the state of the package received.
- When you receive your order it is your responsibility to carefully examine both the package (before it is opened) and the Artwork for any damage. If there is any damage whatsoever or if, for example, a package shows signs of damage before it is opened, we highly recommend that you sign for the parcel, 'Received Damaged'. In the subsequent event that the Artwork is found to be damaged, please email us at firstname.lastname@example.org
FAULTS AND RETURNS
- Where there is a problem with your order, such as the wrong Artwork arrives or any Artwork is faulty or missing, then you must contact us within 7 days after the day you received the Artwork.
- Once you contact us then, on behalf of the Artist, we will then assist you by liaising with the Artist to ascertain and deal with any problems.
- Depending on the problem with your order we will advise you whether:
- You should send photos of the damage Artwork and packaging;
- There is a problem which requires the return of the Artwork(s);
- On behalf of the Artist we will make arrangements for a carrier to collect the Artwork from the address the Artwork was delivered to;
- You should retain the Artwork and all original packaging for 30 days in case it needs to be inspected.
- When returning any Artwork we ask that you please repackage the goods securely, to guard against damages, and remove all shipping labels and print the address and shipping label we send to you via email and attach it to the parcel.
- Within 14 days of receipt of the faulty Artwork we/the Artist will either:
- repair the Artwork; or
- provide a replacement; or
- provide a refund, to include any standard delivery charges you paid when you placed your order.
- Refunds are made with 14 days of the date the Artwork is receive using the same payment method that you used to pay us. Please bear in mind that some payment methods mean that a refund may take up to 7 days to reach your account.
LIMITATION OF LIABILITY AND INDEMNITY
- You assume full responsibility and risk for using the Website and our services. We accept no responsibility for failure by you to comply with these Terms and Conditions.
- You agree to indemnify us against all claims, costs and expenses which we may incur, and which arise, directly or indirectly, from your breach of any of its obligations under these Terms and Conditions.
- We will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
- In the event of our breaching any of these Terms and Conditions, your remedies are limited to recovery of the price of the Artwork.
- These Terms and Conditions represent the entire agreement between us, and supersedes all previous agreements about its subject matter
- If any part of these Terms and Conditions are illegal, void, unenforceable for any reason, this will not affect the validity or enforceability of any other part.
- These Terms and Conditions may not be assigned without the written consent of the other party.
- Each party must do all things reasonably necessary to give effect to these Terms and Conditions and the transactions contemplated by it. Where under this Terms and Conditions the doing of anything by a party is dependent on the consent or approval of another party, that consent or approval may not be unreasonably withheld nor unduly delayed, unless expressly provided otherwise.
- A right under these Terms and Conditions may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in that waiver
- These Terms and Conditions are subject to the laws of New South Wales, Australia.