Terms for Buyers
This Website is operated by Manly Harbour Gallery (hereafter referred to as we/us/our).
By accessing, viewing and using this Website, you agree to be bound by these terms and conditions (Terms).
We reserve the right to change these Terms at any time without any prior notice and you will be taken to have accepted any change by continuing to use this Website.
IN THESE TERMS:
‘Website’ refers to the website located at www.mhgonline.com.au, any future URLs that we may register and links to this Website; and ‘Good’ or ‘Goods’ refers to any items that are displayed on our Website and that you have offered to purchase.
‘Seller’ or ‘Sellers’ refers to an independent seller who wishes to sell their products through our Website
BUYING GOODS ON OUR WEBSITE
Our Website is an online platform to facilitate the sell and purchase of various products. On our Website, Sellers can list their Goods for sale and you can browse, select, order and purchase Goods that are displayed on this Website.
Any order placed through our Website is an offer by you to the Seller to purchase a particular Good or Goods in accordance with this Terms. If the Seller accepts your offer, then an agreement is formed between you and the Seller for that particular Good or Goods. We will notify you via email that the Seller has accepted your order. Further, the Sellers reserve the right to accept or reject an order you make using our Website for any reason.
Since we only serve as an agent between you and the Seller, we are not part of any agreement between you and the Seller.
CREATING AN ACCOUNT ON OUR WEBSITE
To purchase Goods on our website, you can either create an account with us or checkout as a guest. If you wish to create an account with us, then please visit the registration link to do so.
You must not disclose your account login details to anyone. If you become aware of misuse of your account by any person or if your account details are leaked, please notify us as soon as possible. Otherwise, we will continue to assume that you are using the website and that you are solely responsible for any use.
All payments must be made in full prior to delivery of the Goods.
We accept payments through both credit cards (Visa and MasterCard only) and PayPal. We reserve the right to change our mode of payment at any time.
To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud or unauthorised access to a PayPal account.
We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.
If your payment is not received in full or is declined by your bank, credit card issuer or Paypal, we will not hold the Goods against your order.
PRICES, GST AND TAXES
All prices on our Website are listed in Australian Dollars and they include GST (where applicable).
By placing an order, you agree to pay the stated price (plus any applicable shipping and handling charges) in Australian Dollars for all orders. You agree to pay any additional charges or taxes incurred (including any custom duties) if applicable to the sale or delivery of the Goods.
The Seller reserves the right to change the prices of their Goods at any time without notice to you.
REPAIRS, REFUNDS AND REPLACEMENTS
If the Goods are damaged or not of acceptable quality, you may have rights under: · Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law); and/or · Other consumer laws applying in each Australian State or Territory;
AUSTRALIAN CONSUMER LAW
If there is a minor problem with your Goods (as defined in the Australian Consumer Law) the Seller may repair the Goods instead of offering you a replacement or a refund. If there is a major problem with the Goods, a refund or a replacement may be available.
Unless we or the Seller are required to do so under the Australian Consumer Law, you will be responsible for the costs of returning the Goods to the Seller. Please use a trackable or signed-for delivery service when returning the Goods.
We invite you to notify the Seller of any damaged Goods as soon as possible. If you would like to return an item, please first contact the Seller directly via the order message centre option. If you are not satisfied with the outcome through speaking with the Seller you may escalate your request to our support team via the “dispute claim” option of the order message.
Unfortunately, we or our Sellers are unable to provide a refund for the following products: personalised items, perfumes, body, hand, arms or leg cream, made-to-order furniture, undergarments, earrings for pierced ears and makeup items that have been used or opened.
All items must be returned within 10 days from the date you receive the Goods and must be shipped by the original purchaser. Further, all items must be returned to the Seller in their original packaging complete with any accessories. If the aforementioned conditions are not met, the Seller reserves the right to deny a return.
If you have damaged the Goods yourself, or you have failed to take proper care of the Goods the Seller may not be able to provide you with a repair, refund or replacement.
However, you may still be able to contact the Seller to arrange a repair or replacement. The cost of any repair or replacement will be borne by you. Further, the arrangement for any repair or replacement shall be between you and the Seller only and we are or will not be a party to this arrangement.
In addition to any of your consumer rights, if you have changed your mind about your purchase, our Sellers will not be able to offer you a refund or exchange. However, you may be able to contact the Seller directly and arrange an exchange on your own.
DELIVERY PROCESS AND TIMES
While all effort is made to ensure that Goods purchased from our Website will be processed by the Seller within 2 – 7 business days of receiving your order, we or the Seller cannot guarantee processing times. The processing times for Made to Order items can be longer than usual. You will be notified of the processing times at checkout and these times will appear on the order receipt.
Our Sellers generally use third party delivery companies to delivery your order. By placing an order for Goods you agree that your details, such as name, contact numbers, delivery address, will be passed to those third parties. When the Sellers fulfil your order, they will provide you with a tracking number so that you can track the delivery of your order.
Further, you agree that notwithstanding anything in these Terms, we or our Sellers are not liable with respect to any loss, damage, cost or expense you or any third party suffers as a result of a change in delivery times or delay in delivery.
If you ask for the Good to be left at a delivery address, we or our Sellers are not responsible for loss, damage or theft of Goods once the Goods are delivered to that address. Some people may also prefer to have their Goods shipped to a business address as an additional precaution.
Further, if you require Goods that you have ordered to be redirected to an address other than your original order address, our Sellers may charge you a reasonable fee for doing this.
Shipping charges for delivery within Australia are automatically calculated during the checkout process.
Our Sellers reserve the right to cancel, at any time before delivery if they suspect that you are acting fraudulently (for example using a credit card without the owner’s permission) or in breach of this Terms. To the extent permitted by law, our Sellers reserve the right to cancel an order if there has been a genuine error in listing the price of the Goods or Goods’ description.
If there are any delays in shipping your order, our Sellers will contact you as soon as possible and will let you know about the revised timeline. If this happens, then you may at your own discretion cancel the order at any time before the Seller ships the Goods. You can also cancel an order if you have reasons to believe that the Seller has breached this Terms.
RISK AND TITLE
Risk and title in the Goods pass to you on the date and time of delivery of Goods to the shipping address provided in your order.
While all Goods for sale on this Website are described and photographed as accurately as possible, the colours shown are representational only. As there may be different settings on your computer monitors, the colours of Goods may vary slightly from what you see on your computer screen.
INFORMATION ON GOODS AND SELLERS
We collate information about the Goods and the Seller from our Sellers directly. As such, we cannot be held liable for any wrong information or misrepresentation in regards to Goods and Sellers.
AVAILABILITY OF GOODS
You acknowledge and agree that from time to time, some Goods on the Website are out of stock or unavailable and our Sellers may not be able to fulfil all or part of your order.
If an event of this nature occurs, we will use reasonable endeavours to either:
exchange the Goods with comparable Goods in a similar price range, where available and as agreed with you;
provide you with an estimated time frame for fulfilling your original order;
contact you within a reasonable time to arrange either a full or partial refund or
come to an alternative arrangement.
DETAILS YOU PROVIDE US WITH
It is your responsibility to ensure that the information you provide, including your name, delivery address, contact numbers, email address and orders are correct, so please check any details carefully before submitting an order to us. You acknowledge and agree that we will not be responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including your name, delivery address, contact phone numbers or email addresses.
YOUR USE OF THIS WEBSITE
You are provided with access to and are authorised to download material contained on this Website for your personal use only. You may not, without our written permission, onsell any information obtained from this Website, use any data mining robots, other extraction tools, metatags or mirror the Website. Further, you must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may cause damage to your computer software. We take no responsibility for any interference or damage to your computer system that arises out of or in connection with your use of this Website.
SUBSCRIPTION AND EMAIL LIST
From time to time, we email our account holders advance notice of sales, new collections, launches and other news. The email addresses we collect are only used internally for the purposes as stated above. We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.
We currently operate and manage social media accounts on Facebook, Twitter, Instagram and Pinterest and we may use other social media channels in future.
We do not endorse the opinions expressed by the users on our social media pages.
By submitting content, you agree that we may use and reproduce this content including your name, for testimonial, or other purposes in any media and without any compensation to you. Any content you submit must be your original work.
You must not post any material that is defamatory, derogatory, racist, sexist, unlawful, obscene, infringing any third party’s intellectual property rights, breaching someone else’s confidentiality or privacy, misrepresenting your relationship with us or this Website, misleading, false or deceptive on our social media pages.
We reserve the right to edit or remove content that violates these Terms and to block your access to our page.
INTELLECTUAL PROPERTY RIGHTS
All text, graphics, logos, icons, images, photographs and software that feature on this Website are protected under Australian and International copyright laws. You must not reproduce, store, adapt, distribute, display, publish, or create similar works from them.
If you upload any material or content on our Website or social media accounts, you grant us an irrevocable, royalty-free licence to use and reproduce that material or content. Having said that, we do not claim ownership of intellectual property rights in respect to user content.
AVAILABILITY OF THIS WEBSITE
From time to time, down-time on this Website, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.
LINKS TO THIRD PARTY WEBSITES
This Website may contain links to other websites that are operated. Unless stated otherwise, this Website does not control, endorse, sponsor or approve such third party websites or their contents, nor are we liable and responsible for any loss or damage that you may suffer as a result of your visits to any third party websites.
INTERFERENCE WITH THIS WEBSITE
You agree not to make or attempt to modify, hack, remove, deface, add or otherwise interfere with this Website or to any material or content posted on this Website.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the extent permissible at law, this Website and all content appearing on it are provided on an “as is” and “as available” basis, without warranties of any kind.
To the maximum extent permissible by the law, we are not liable and responsible for any loss or damage, whether direct or indirect and however caused (including through negligence) that you may suffer in connection with your use of this Website or any linked website and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Website.
These Terms are governed by the laws of Queensland, Australia.
EVENTS WHICH ARE OUT OF OUR CONTROL
We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.
If we do not take action against you with respect to any breach by you of these Terms, this does not mean that we have waived our rights to take action with respect to subsequent or similar breaches. Furthermore, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses.
Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer http://www.ipaustralia.gov.au/ip/copyright.shtml or the Copyright Act 1968.
Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies, reproductions, prints and electronically altered works are not considered original for the purposes of these terms and conditions. Copyright must belong to the creator of an artwork in order for it to be considered original.
AGE AND RESPONSIBILITY
The user represents and warrants that they are of sufficient legal age to use the Manly Harbour Gallery website and to create binding legal obligations for any liability they may incur as a result of the use of the Manly Harbour Gallery website. The user agrees to be responsible for all of their use of the Manly Harbour Gallery website (as well as for use of their username and password(s) by others, including without limitation, minors living with them). The user agrees to supervise all usage by minors of the website under their name or account.
The Manly Harbour Gallery logo is a trademark of Manly Harbour Gallery. Use of the Manly Harbour Gallery logo is not authorised without express written permission from Manly Harbour Gallery.
REFUSAL AND TERMINATION OF USE
Manly Harbour Gallery reserves the right to refuse service to anyone at any time and at its absolute discretion. Manly Harbour Gallery reserves the right to modify, terminate or suspend member accounts, at any time, at its discretion, and without prior notice.
Manly Harbour Gallery reserves the right to terminate the Manly Harbour Gallery service at any time and at its absolute discretion without prior notice.
Upon termination, any rights granted by the Artist to Manly Harbour Gallery under this agreement immediately revert to the Artist.
Manly Harbour Gallery offers an “as is” service. Manly Harbour Gallery does not supply any warranties in relation to content represented on the Manly Harbour Gallery website.
DISPUTES AND RELEASE
Manly Harbour Gallery is released from any claims arising from disputes between users and members of the website, including disputes between Artists and Purchasers, between Artists and Artists, and between Purchasers and Purchasers.
Manly Harbour Gallery does not represent or guarantee that the Manly Harbour Gallery service or the Manly Harbour Gallery website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Manly Harbour Gallery does not represent or guarantee that access to the Manly Harbour Gallery service or these websites will be uninterrupted.
The user acknowledges that the Manly Harbour Gallery service or the Manly Harbour Gallery website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of Manly Harbour Gallery’s or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
Manly Harbour Gallery does not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. Manly Harbour Gallery does not warrant that all uploaded content will be available on our website. If Manly Harbour Gallery elects in its sole discretion to make available content on its website, it does not warrant that it will be available within a certain time frame.
It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.
Manly Harbour Gallery does not accept responsibility for any loss or damage, however caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user’s use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
- if the breach relates to goods:
- the supply of equivalent goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again
This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.