TERMS AND CONDITIONS OF THE USE OF ARTISTICGREENERY.COM.AU
All orders and purchases made through this web site are subject to the Online Shopping Terms and Conditions outlined below.
1. ACCEPTANCE OF TERMS - Your access to and use of artisticgreenery.com.au ("the Web site") is subject to these Terms and Conditions. By using the Web site you are fully accepting the terms, conditions and disclaimers contained in this notice.
2. CHANGES TO WEB SITE - Artistic Greenery reserves the right to:
- 2.1 change or remove the Web site or any part of it without notice.
- 2.2 change these Terms and Conditions at any time, and your continued use of the Web site following any changes shall constitute your acceptance of such change.
3. COLOURS - We have made every effort to display as accurately as possible the leaf, trunk and stem colours of our products appearing on the site. However, the actual colours seen will depend on your monitor settings and we cannot guarantee that your monitor’s display of any colour will be accurate.
4. LINKS TO THIRD PARTY WEB SITES - The Web site may include links to third party web sites that are controlled and maintained by others. Any link to other web sites is not an endorsement of such web sites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5. COPYRIGHT
- 5.1 All copyright, trade marks, Web site design, text, graphics, all software and source codes and other intellectual property rights in the Web site and its content are owned by or licensed to Artistic Greenery or otherwise used by Artistic Greenery as permitted by law.
- 5.2 None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Web site for personal, non-commercial home use only.
6. PRICE - The selling price of the goods shall be Artistic Greenery’s displayed price at the date of acceptance of the order. The price is inclusive of any applicable Goods & Services Taxes, duties, levies or fees, or other similar charges imposed on the customer by any taxing authority related to customer's order. Artistic Greenery reserves the right, to increase the displayed price of the goods from time to time reflecting any increased cost.
7. PAYMENTS - Artistic Greenery uses the eWAY Payment Gateway for its online credit card transactions. eWAY pro- cesses online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by Artistic Greenery or any outside party.
- All transactions are performed under 128 Bit SSL Certificate.
- All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
- eWAY is an authorised third party processor for all the major Australian banks.
- eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Artistic Greenery.
8. ORDER ACCEPTANCE - Artistic Greenery reserves the right at any time after receipt of your order to accept or decline your order for any reason.
9. REFUNDS & RETURNS - At Artistic Greenery we want you to be happy with your purchase and the service provided so we try hard to accurately describe the products that we sell, and include close-up photos for further reference, as such we are unable to, nor are we obliged to; accept returns of any product once sold should you simply change your mind. Please visit the following link detailing Australian Consumer Law if you would like further clarification on this policy -http://www.consumerlaw.gov.au/content/fact_sheets/_downloads/consumer_shopping_20120111.PDF. We can only offer a refund if a mistake has been made on our behalf and a product that you did not order has been mistakenly shipped to you. All applications for return of goods should be made to Artistic Greenery within 7 days of receipt. Email us beforehand and we will reply with confirmation and further instructions.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
- 11.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- 11.2 Artistic Greenery makes no warranty that the functionality of the Web site will be uninterrupted or error free, that defects will be corrected or that the Web site or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
11. INDEMNITY - You agree to indemnify and hold Artistic Greenery and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Artistic Greenery arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Web site.
12. SEVERANCE - If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable
14. GOVERNING LAW - Artistic Group PTY LTD, trading as Artistic Greenery; is based in Australia. These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and you hereby submit to the exclusive jurisdiction of the Australian courts.
