Returns and Refunds Policy

Incorporated into our Terms and Conditions are the following Return and Refund policy conditions. This Policy applies to goods and services you purchase from us.

 

Condition of Goods

You acknowledge that used goods purchased via the Site, such as, art works and books that are pre-owned, are sold on an “as-is” basis. Such goods can have defects, contain marks, scuffs, scratches, mould, tears, cracks, blemishes and general wear and tear.

We will endeavour as far as possible to list the condition of each used good listed on our Site. 

 

Consumer Guarantee

The Australian Consumer Law (ACL) is contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (CCA). The ACL sets out certain consumer guarantees that suppliers must provide. 

 

The consumer guarantees are intended to ensure that you get the product you paid for and that it does what it is supposed to.

 

In accordance with the ACL we guarantee our goods:

• will match the description as stated on our Site. For example, if we advertise that you will be buying a piece of art work from a specific artist, depicting a particular scene, and of a particular medium, eg. oil – then we guarantee that you will receive your order matching the description as advertised; 

• will (taking into account the nature of “used” or second-hand goods, and any advertised wear and tear) - be of an acceptable quality. That is, if we advertise a book as used and indicate in our description that the book contains “foxing”, and you proceed with the order, then you are agreeing to purchase the book understanding its condition and that the overall quality of the book remains acceptable notwithstanding the presence of “foxing”; 

• will be reasonably fit for their intended purpose. That is, if we advertise that you will be buying a piece of art that is “ready to hang”, this means the artwork has already been framed and has appropriate apparatus to hang the artwork on your wall. If the art work you receive meets this purposes, then we have satisfied the consumer guarantee.

 

If our goods or service fail to meet a guarantee, then you maybe entitled to certain rights under the ACL. These rights might include:- replacement or refund for a major (serious) failure and compensation for any other reasonably foreseeable loss or damage. 

 

You maybe entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure, that is, minor failure.

 

To the extent the ACL applies, our liability to you in respect of goods purchased by you from us is limited:

• at our option, to one or more of the following when the problem is minor, namely:- repair or offering you a replacement or a refund; 

• in event the there is a major failure, you can choose to reject the goods and choose a refund or a replacement; or ask for compensation for any drop in value of the goods. 

 

A “major” failure with goods is when a reasonable consumer would not have bought the goods if they had known about the problem. 

 

However, you are not entitled to a remedy if:

• you or someone else tampered with or damaged the goods after delivery to you; or 

• the problem was beyond human control and happened after the goods were supplied to you.

 

We have no obligation to give you a refund if you simply change your mind about the goods after placing your order. 

 

Claims

If you claim we have breached a guarantee and are seeking a repair, replacement, refund or compensation - you must contact us within 14 days of receipt of the goods by sending an email addressed to the following address: admin@thefinearthut.com. The email must contain the following information:

• details of the goods purchased

• the date that the goods were purchased

• the receipt or transaction number for the purchase

• your complaint (or reason for rejecting the goods)

• what you believe will resolve your complaint

 

We will investigate your claim within a reasonable time of receiving an email complying with the requirements above. You may be required to provide us with additional information.

We will then advise you of the outcome of our investigation and whether you are entitled to a repair, replacement, refund or compensation (or with your agreement, we may provide you with a credit note towards a different item).

 

If you choose a replacement we will endeavour to provide goods of an identical type. If a replacement is not reasonably available, you may choose a repair or a refund. 

If you choose a repair, and we are unbale to repair the item, you can reject the goods and seek either a refund or replacement.

 

In order to receive a repair, replacement, refund or compensation - you must first return the defective good/s to us, unless we agree otherwise. 

​

Returning Goods

If we agree to accept returned goods:

• we will advise you where the goods are to be returned;

• they must be provided to us promptly once we confirm return acceptance;

• they must be in their original packaging (if any);

• you are responsible for the risk of returning the goods to us;

• you are liable for the costs of returning any goods back to us.

 

We cannot be held responsible for goods damaged or lost in return shipment. Therefore, we recommend an insured and trackable mail or courier service. 

 

Any goods that we accept as returned to us belong to us upon our receipt.

 

Note: the following goods cannot be returned:

 

• goods that have been thrown away, destroyed, lost or damaged through no fault of us, after delivery to you;

• goods personalized to you;

• goods which according to their nature are not suitable to be returned or have deteriorated;

• goods which are, after delivery, according to their nature, inseparably mixed with other items;

• goods have been attached to other property and cannot be removed without damage.

 

We reserve the right to refuse returns of any goods that do not meet the above return conditions in our sole discretion.

 

This Policy may change from time to time as determined by us.