WEBSITE TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Kalina de Bruin. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any mis-description, we reserve the right to correct any error or omission.
Images, including pictures of artworks in real or computer simulated rooms, have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product. Note that colours shown on different screens may vary from the original artwork. Please carefully check that the dimensions of the artwork(s) will suit the intended location prior to purchase as we do not refund for change of mind.
Our Website Services
Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
All prices are in Australian Dollars (AUD) and are inclusive of GST where applicable. We endeavour to ensure that our price list is current. If you have placed an order and we do not have sufficient stock to fulfil your order, we reserve the right to cancel your order should our prices change.
Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and submit payment details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
We undertake to accept or reject your order within 5 working days. If we have not responded to you within 5 working days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
Order Cancellation Due To Error
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Original artworks Shipping Information – Australia Only
Free shipping of your artwork within Australia, including insurance, is included in the purchase price listed on this website. Should an artwork be listed or available for sale elsewhere, please check documentation at that site regarding shipping pricing.
Paintings on canvas stretched on a timber frame or paintings on board are packed in sturdy cardboard boxes with layers of bubble wrap. They will come ready to hang on your wall, unless otherwise stated in the product description.
Canvas and paper paintings, as well as prints, are rolled, wrapped in glassine paper and mailed in a sturdy mailing tube.
All original artworks are shipped within 3-5 business days of purchase. You will receive a tracking number via email once your order has been shipped. Orders sent within Australia usually arrive within 10 days from the date of shipping, however we hold no responsibility for postal delays once the parcel has been dispatched to our carrier.
Prints Shipping Information – Australia only
Prints will come unframed (Photos on website are digital mock-ups to show you how it could look framed).
Free shipping within Australia is included in the purchase price listed on this website. Tracking is included.
Prints up to A3 will come flat and are packed very carefully in a rigid mailer to protect them. Larger prints will be carefully rolled and wrapped in a sturdy mailing tube. Depending on what you order they may come as separate parcels.
Time frame: All our prints are professionally made to order, please allow 1 week for processing, then shipping time on top of this. We will inform you once they are dispatched to our carrier.
Please email firstname.lastname@example.org prior to placing your order to determine if international shipping is available for the artwork(s) you are considering. At this stage a quote for shipping can be arranged.
For international shipping, paintings on canvas stretched on a timber frame will be removed from the frame, carefully rolled and posted in a sturdy mailing tube. This reduces the risk of damage. Once the artwork arrives, re-stretching is a very simple and common process that should be able to be completed by any professional framers. The cost savings of shipping the artwork unframed will typically be less than the cost of restretching.
Please note that for international orders, any taxes and duties due upon delivery are the sole responsibility of the purchaser. Also please understand that we will insure each artwork for the full price and cannot reduce the insurance price to suit your countries import tax laws.
Product Returns/Damage on delivery
We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us via email to email@example.com.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you for the amount initially debited for the purchase.
Should it be that you receive your artworks in a damaged state the following is important to follow to ensure ease of claim processing for insurance reasons. We rely on your effective and prompt communication. Unless the steps below are followed the claim may be rejected and your artwork may be ineligible for replacement/repair.
- Ensure if any damage has been incurred in transit, then the Proof of Delivery docket, must be marked as DAMAGED GOODS prior to signing.
- Consignments where inspection prior to signing off to the driver is not possible, must be marked as STI (subject to inspection), and the matter must be reported to our email firstname.lastname@example.org for our immediate claim enquiry. Please take photos of the packaging clearly showing the damage upon arrival before inspection and attach to this email.
- Evidence in the form of photos of packaging clearly showing the damage and photos of the damaged artwork. If removing the packaging to inspect the artwork for damages please ensure that the packaging is re wrapped to the best of your ability. This should be done ASAP and sent through to email@example.com with your notification of claim.
- Please keep the artwork/s in its original packaging in case of further inspection.
We will reply to your email with a quick confirmation of your case and will keep you up to date during the claim process and appreciate your cooperation.
When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Commonwealth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
The copyright, including the rights to reproduce, publish, copy or adapt, any original artwork remains the property of the artist even when to original artwork is sold to/taken possession by another person or entity. Reproduction and/or licencing rights can be negotated with Kalina de Bruin, separate to the sale/aquiring of the original artwork.
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
These terms and conditions are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
For any questions or notice, please contact us at:
Kalina de Bruin