Terms and Conditions
All of my artworks (Products) on this website, are subject to the following Terms and Conditions. By accessing this website and/or purchasing my Products, you agree to be bound by these Terms and Conditions. Please read these Terms and Conditions before you make any purchase.
You agree to pay the purchase price specified on this website at the time you place an order for the purchase of one of the Products and any applicable shipping and insurance charged based on the shipping options selected by you. All pricing is in Australian Dollars (AUD). Jane Graystone reserves her right to change pricing at her discretion and without notice.
- Jane Graystone will normally ship within 5-7 Business Days of receipt of your order, unless otherwise noted on this website. Any delivery times displayed on this website are estimates only, based on the information provided to Jane Graystone by her shipping company. If there is a delay, Jane Graystone and her team will contact you as soon as possible to advise you of the reason of the delay.
- Jane Graystone will deliver the Product to the place of delivery specified by you in your order. Title to and risk in the Product will pass to you upon delivery of the Product to this place of delivery.
Returns and Refunds
- If a Product fails to meet a consumer guarantee under the Australian Consumer Law, you can ask for a repair, replacement or refund for any Product within 30 days of receipt of the Product.
- If the Product is faulty, please provide proof of purchase together with a photo proof of the faulty Product to firstname.lastname@example.org and Jane Graystone will provide you with a stamped, self-addressed post pack, label or courier collection service in which to return it. You will then be offered a replacement of the faulty Product or a full refund. Any refunds will be credited to the original payment method, eg. your credit card account.
- No refunds or exchanges are available if you change your mind about a purchased Product.
Warranties and Liability
- Jane Graystone warrants that if any Product fails to comply with the following promises within 30 days of your receipt of the Product, you may return the Product to Jane Graystone for a full refund or store credit as described in clause 3 above:
i. each Product will comply in all material respects with any description given on this website; and
ii. each Product will be in a saleable condition (subject to any defects described on this website prior to purchase).
- If the Australian Consumer Law applies to Jane Graystone’s sale of the Product, Jane Graystone provides you with the following guarantee:
- You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure.
- All express or implied warranties, representations, statements, terms and conditions relating to these Terms and Conditions or a Product that are not contained in these Terms and Conditions, are excluded to the maximum extent permitted by law.
- Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation with cannot lawfully be excluded or limited.
- To the maximum extent permitted by law, the maximum aggregate liability of Jane Graystone for all claims under or relating to these Terms and Conditions or a Product, whether in contract, tort (including negligence), in equity, under statute or otherwise, is limited to an amount equal to the greater of:
i. AUD$100.00; and
ii. The amounts paid by you to Jane Graystone as a result of the purchase of the Product.
The aggregate liability amount is to include the amounts paid or the value of the Products replaced, repaired or supplied by Jane Graystone.
- To the maximum extent permitted by law, Jane Graystone is not liable for, and no measure of damages will, under any circumstances, include:
i. special, indirect, consequential, incidental or punitive damages; or
ii. damages for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort (including negligence), in equity, under statute or otherwise, whether or not such loss or damage was foreseeable and even if advised of the possibility for the loss or damage.
- Jane Graystone’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
- Neither party will be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of that party.
Intellectual Property Rights
- You acknowledge that this website and all content on this website, including but not limited to, text, images, graphics, button icons, video or audio clips, logos or marks identifying the name “Jane Graystone” is protected by Australian and international copyright laws and is intended solely for your personal, non-commercial use.
- All copyright of the Products and the information on this website is owned by Jane Graystone
[ABN 68 684 061 892]. All rights reserved.
- Unless expressly permitted by either the Australian Copyright Act 1968 (Cth) or Jane Graystone, this website or any portion of this website, including but not limited to the Products, may not be reproduced, duplicated, copied, sold or resold or otherwise exploited for commercial purposes.
Jane Graystone takes all reasonable steps to protect any personal information you provide (such as your name, mobile number, address, email address) from misuse and loss and from unauthorised access, modification or disclosure. Whenever personal information is used or disclosed, it will be in accordance with the law.
Governing Law and Jurisdiction
- These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New South Wales, Australia which shall have exclusive jurisdiction over any disputes and each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
- If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
Updating these Terms and Conditions
Jane Graystone has the right to change, modify, add to or delete portions or whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will be effective immediately when published to this website.