Welcome to www.focusart.com.au and thank you for shopping with us.
These Terms and Conditions govern the use of the Focusart website and the purchase of any goods from it. This Website is owned and operated by Focusart Pty Ltd (ACN 080 999 337)("We, our and/or us";).
"Delivery Address"; means the address to which the Goods are to be delivered as provided by you and stated on the Order;
"Goods"; means the specialty images, decorative prints or artistic works that are to be supplied to you pursuant to any Order;
"Order"; means any order for the purchase of Goods that is accepted by us;
"Terms and Conditions"; means these terms and conditions (including any additional terms that may be incorporated into any Order) as varied from time to time;
"Website"; means the http://www.focusart.com.au website.
Prices of Goods and other charges displayed on this Website are current at the time of display. These prices are subject to variation at any time without notice. Unless otherwise stated, all prices are in Australian dollars (inclusive of GST) but do not include any delivery, insurance and other taxes, levies and charges.
You may place an Order using the online ordering system on this Website.
The placing of an Order does not constitute acceptance by us to supply the Goods. No obligation to sell or supply the Goods will arise until we have provided you with a written confirmation of your Order.
You must pay the stated price of the Goods together with any freight, insurance, taxes, duties or handling charges associated with any Order.
Payment will be considered received once the amount paid by you is received by us in immediately available funds. Until payment is received we reserve the right to cancel any Order or delivery.
Purchases may be paid for by cheque, credit card, money order or cash. Wholesalers will only be allowed to pay by credit card.
All payment transactions are secure using a 128bit encrypted connection.
We accept Bankcard, MasterCard, Visa.
Orders will not be despatched until payment in full has been received and the Goods are available for despatch.
Payment for any Orders not accepted by us will be refunded in full.
Art works are finite products and may be unavailable from time to time. All Goods advertised on this Website are subject to availability.
Goods delivered shall be deemed to have been accepted 14 days from the date of delivery.
We understand that art that looks great in the gallery may not always look as good at when hung at home or in the office. If for any reason you are not completely satisfied with your purchase, you may return it within 14 days of receipt of the Goods to receive a replacement artwork or full refund for the purchase price of the Goods (delivery charges will not be refunded).
To exchange goods or to receive a refund you need to complete a Returns Form (which we will send you) and return the Goods in original condition with all accessories and proof of purchase, within 14 days of receipt of the Goods.
Except as expressly provided to the contrary in these Terms and Conditions, all other terms, conditions, warranties, undertakings, inducements or representations whether express or implied in relation to the Goods are excluded to the maximum extent permitted by law.
Where permitted, our liability for breach of a condition or warranty that cannot be excluded is limited to one or more of the following as we may decide:
Except as expressly provided in these Terms and Conditions, you agree that we will not be liable to you or any other person for any damages of any kind, character, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss of income or profit, loss or damage to property, damages for product liability, claims of third parties, personal injury, negligence or other losses of any kind or character, even if we have been advised of the possibility of such damages, resulting from the use of information from this Website or the acquisition of Goods through this Website.
You agree to indemnify and hold us, our directors, officers, employees or agents harmless from any claim made by any third party due to or arising out of your use of this Website, the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.
You acknowledge that we own or are licensed to use the copyright contained in this Website, including text, graphics, logos, button icons, images, html code, as well as the manner in which this content is stored and/or arranged.
This content is protected under Australian and International copyright laws and any unauthorised use (including but not limited to reproduction, modification, distribution, transmission,) by you is strictly prohibited. You are only entitled to use this Website and place Orders in accordance with these Terms and Conditions.
You acknowledge that any logos or trade marks that appear on this Website are owned or licensed to us and that you must not do anything to prejudice the rights of the trade mark owner or licensee.
When accessing and using this Website you agree not to knowingly:
You agree to comply with all Australian rules and regulations regarding ‘online’ conduct as well as any applicable laws, rules, codes and regulations prevailing in the country in which you reside.
Linking to this Website will only be permitted with our express written permission and only directly to our homepage.
You acknowledge that this Website is provided on an "as is"; basis. We make no representations or warranties of any kind, express or implied, as to the operation or information and content included on this Website.
You agree that you must evaluate, and bear all risks associated with, the use of all information on this Website, including any reliance on the accuracy, completeness or usefulness of it.
We make no representations or warranties whatsoever about any other website which may be accessed through this Website. Any external links are provided for convenience and in no way should be interpreted as an endorsement by us.
We will treat all customer information with utmost care and security. We may collect information about you such as name, email, Delivery Address, contact number, for the purpose of processing Orders.
We will not disclose any information about you (as opposed to aggregated information that does not identify you personally) with other parties without your consent.
For further information please see our Privacy Policy.
In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable then such provision shall be read as valid to the extent permitted by law. If the provision as a whole is invalid such invalidity or unenforceability will not affect the validity or enforceability of the other provisions of these Terms and Conditions which remain in full force and effect.
These Terms and Conditions shall be governed by the laws of the State of Victoria and where appropriate the laws of the Commonwealth of Australia, and the parties shall submit to the non-exclusive jurisdiction of the courts of the State of Victoria .