Terms and Conditions

OWNERSHIP OF THE SITE

The owner of the www.finearthut.com website (the “Site”) is THE FINE ART HUT PTY LTD ACN 669 073 652 (“Fine Art Hut”).

In these Terms and Conditions, the expressions we, us and our are a reference to the Fine Art Hut.

AGREEMENT TO TERMS AND CONDITIONS

These Terms and Conditions apply to the Site, including the purchase of goods and services via the Site.

By using this Site, you agree to be bound by these Terms and Conditions.

AMENDMENTS TO TERMS AND CONDITIONS

We may, in our sole discretion, amend these Terms and Conditions at any time. By continuing to use the Site following any such amendments, you agree to the Terms and Conditions, as varied.

HOSTING

Our Site is hosted via a third-party service provider, such as, WIX. They provide us with the online e-commerce platform that allows us to sell our goods and services to you.

OUR GOODS AND SERVICES

Some of our goods may have limited quantities.

We have made every reasonable effort to ensure that the goods listed on our Site conform to illustrations, photographs and descriptions provided. We cannot, however, guarantee that all images will be precisely accurate due to discrepancies arising from differences in the colour reproduction of electronic displays.

If upon receipt by you the ordered items do not conform to the description or images on our Site, you must notify us in writing within 14 days or delivery and comply with the conditions set out in the Return and Refund Policy.

We reserve the right, but are not obligated, to limit the sales of our goods or services to any person, geographic region or jurisdiction.

We reserve the right to limit the quantities of any goods or services that we sell.

ORDERS

When you place an order with us for goods and services you:

acknowledge a contract of sale is made between you and the Fine Art Hut;
guarantee you have the legal capacity and authority to enter into a legally binding contract with us.

Although our goods and services maybe advertised on the Site, we give no undertaking that the goods and services so advertised will be available at the time you place an order.

Subject to these Terms and Conditions, you may offer to purchase goods or services described on the Site for the price specified on the Site. Your order must contain the order information specified on the Site or as reasonably requested by us, including your contact details and (if requested by us, your credit card details).

We are not liable for any orders that go missing due to incorrect delivery information provided by you.

We may at our discretion accept or reject your offer to purchase.

Title in the goods does not pass to you until payment has been received by us.

Risk of loss or damage to the goods passes to you on despatch from us.

We endeavour to process your order within 2 business days.

Any applicable terms and conditions referred elsewhere on this Site are incorporated into these Terms and Conditions.

PRICES

Prices are in Australian dollars unless otherwise indicated. We may alter our prices at any time.

GST

The Fine Art Hut is not registered for goods and services tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 in Australia. There is no GST included in our prices.

CANCELLATION DUE TO ERROR

You acknowledge that, despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and/or your payment received. If a cancellation of this nature occurs after your payment has been received, we will issue a credit or refund, as appropriate for the amount in question.

RESTRICTIONS ON USE

You must not violate or attempt to violate the security of the Site, including, without limitation by:

accessing data, materials, documents or information not intended for you;
breaching security or authentication measures;
disrupting network services.

INTELLECTUAL PROPERTY

The Site includes registered and/or unregistered trade marks owned by us. You must not use any of our trade marks or our company name.

You may download material from the Site for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

Except as permitted by the Copyright Act 1968 (Cth) or expressly permitted by us, you may not not modify or copy the layout of the Site or any computer software and code contained in the Site.

We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Site may not be:

re-sold or re-distributed in any material form;
stored in any storage media; or
re-transmitted in any media,

without our prior written consent.

DISCLAIMER

We do not warrant the accuracy, adequacy or completeness of the information appearing on the Site, nor do we undertake to keep the Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of such information.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may suffer in connection with your use of the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.

We will not be liable to you for indirect or consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise arising from or connected to the Site or these Terms and Conditions.

We do not warrant, guarantee or make any representation that the Site, or the server that makes the Site available on the internet are free of software viruses, malicious software code or other forms of interference which may damage your computer system.

You acknowledge that, despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or the Site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded. If legislation implies any condition or warranty, and that legislation voids or prohibits us from excluding or modifying any such term, that term will be deemed included in these Terms and Conditions.

Nothing in this disclaimer is intended to limit or exclude any liability that cannot be lawfully excluded.

CONDITION OF GOODS

You acknowledge that goods sold through our Site are either in an as-new condition or used.

Used goods purchased via the Site are on an “as-is” basis. Such goods can have defects.

We give no warranty that the used goods sold will not contain marks, scuffs, scratches, mould, tears, cracks, blemishes and the like. It is your responsibility to satisfy yourself as to the condition of the item.

We will endeavour as far as possible to list the condition of each used good listed on our Site. However, in ordering used goods from us you agree and accept that they will be subject to wear and tear and not in a new condition.

CONSUMER GUARANTEE

The Australian Consumer Law applies to the sale of goods. Refer to our Returns and Refunds Policy.

INDEMNITY

You agree that you will not use this Site for any unlawful purpose, or for any purpose prohibited by these Terms and Conditions. You agree to defend, indemnify and hold harmless the Fine Art Hut and it’s respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable legal fees) arising out of your use of the Site and/or your breach of these Terms and Conditions.

LIMITATION OF LIABILITY

In no event shall we be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access or use of this Site. You hereby waive any and all such claims against us. You agree that the limitations set forth above are fundamental elements of this agreement, and that the Site and its materials would not be provided to you absent such limitations.

LINKED WEBSITES

The Site may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Any links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites. You acknowledge and agree that your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.

THIRD PARTY CONTENT

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties on our Site are those of the respective authors or distributors and not of the Fine Art Hut. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than those authorised by the Fine Art Hut.

SHIPPING

Further details regarding shipping and delivery – refer to our Shipping Policy.

RETURNS AND REFUNDS

Further details regarding returns and refunds – refer to our Returns and Refunds Policy.

PRIVACY POLICY

For more details refer to our Privacy Policy.

TERMINATION OF ACCESS

We may terminate your access to the Site at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Site.

UPLOADING INFORMATION

You represent and warrant in relation to any material or information you provide to us that:

you are authorised to provide the material or information;
the information is accurate and true.

GOVERNING LAW

These Terms and Conditions are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the Courts of Queensland, Australia.

FORCE MAJEUR

The Fine Art Hut will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: lock-outs or other industrial action by third parties, power failure, strikes, internet service provider failure, riots and other civil unrest, fire, explosion, earthquakes, subsidence, flood, storms, threatened or actual acts of terrorism, any acts of war, epidemic or other natural disaster, or any other event that is beyond our reasonable control.

Our obligations under these situations will be suspended and we will inform you as soon as is reasonably possible about any time limits or changes in our service. For any situations that last more than 45 days, either you or us may cancel an order, in which case the procedure set out in the Refunds and Returns Policy will apply.

GENERAL

We accept no liability for any failure by us to comply with these Terms and Conditions where such failure is due to circumstances beyond our control.

The non-exercise or delay by us in performance of a right under these Terms and Conditions does not constitute a waiver. If we waive any rights available to us under these Terms and Conditions on one occasion, it does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions will continue in full force.