Terms of Purchase for Artwork from Canvas Design Co

This document outlines the terms and conditions for purchasing artwork from Canvas Design Co, a registered business in Australia that sells original paintings and operates ‘paint and sip’ classes

Definitions

  • Artwork: any original or reproduced work of art, including paintings, sculptures, prints, or photographs, that is sold by Canvas Design Co to the Buyer.

  • Buyer: the person or entity who purchases the Artwork from Canvas Design Co, either online or in person.

  • Contract: the agreement between Canvas Design Co and the Buyer for the sale and purchase of the Artwork, which consists of these Terms of Purchase, the Order Confirmation, and the Invoice.

  • Order Confirmation: the email or written confirmation that Canvas Design Co sends to the Buyer after receiving the Buyer's order, which specifies the details of the Artwork, the price, the delivery method, and the estimated delivery date.

  • Invoice: the document that Canvas Design Co issues to the Buyer upon delivery of the Artwork, which shows the final amount payable by the Buyer, including any taxes, fees, or shipping costs.

Formation of Contract

  • The Buyer may order the Artwork from Canvas Design Co either online through the Canvas Design Co website, or in person at the Canvas Design Co premises.

  • By placing an order, the Buyer makes an offer to purchase the Artwork on these Terms of Purchase.

  • Canvas Design Co may accept or reject the Buyer's offer at its sole discretion.

  • If Canvas Design Co accepts the Buyer's offer, it will send the Buyer an Order Confirmation, which forms a binding contract between Canvas Design Co and the Buyer.

  • If Canvas Design Co rejects the Buyer's offer, it will notify the Buyer and refund any payment made by the Buyer.

  • Canvas Design Co reserves the right to cancel the Contract at any time before delivery of the Artwork, if the Artwork is damaged, lost, stolen, or otherwise unavailable, or if Canvas Design Co is unable to fulfill the order for any reason. In such case, Canvas Design Co will notify the Buyer and refund any payment made by the Buyer.

    Payment

  • The Buyer must pay the price of the Artwork as specified in the Order Confirmation, plus any applicable taxes, fees, or shipping costs, as specified in the Invoice.

  • The Buyer may pay by credit card, debit card, PayPal, bank transfer, or cash, as indicated by Canvas Design Co.

  • The Buyer must pay the full amount before the Artwork is delivered, unless Canvas Design Co agrees to a different payment arrangement in writing.

  • If the Buyer fails to pay the full amount by the due date, Canvas Design Co may charge interest on the overdue amount at the rate of 10% per annum, or the maximum rate allowed by law, whichever is lower.

  • If the Buyer fails to pay the full amount within 30 days of the due date, Canvas Design Co may cancel the Contract and retain the Artwork, or take legal action to recover the amount owed, plus any costs and expenses incurred by Canvas Design Co.

    Delivery

  • Canvas Design Co will deliver the Artwork to the Buyer by the method and to the address specified in the Order Confirmation, unless otherwise agreed by the parties in writing.

  • Canvas Design Co will use reasonable efforts to deliver the Artwork by the estimated delivery date specified in the Order Confirmation, but does not guarantee that the Artwork will be delivered by that date.

  • Canvas Design Co is not liable for any delay or failure in delivery caused by circumstances beyond its control, such as natural disasters, strikes, accidents, or carrier issues.

  • The Buyer is responsible for inspecting the Artwork upon delivery and notifying Canvas Design Co of any defects, damages, or discrepancies within 7 days of delivery.

  • If the Buyer does not notify Canvas Design Co of any defects, damages, or discrepancies within 7 days of delivery, the Buyer is deemed to have accepted the Artwork in good condition and waives any right to claim or return the Artwork.

    Ownership and Risk

  • The ownership of the Artwork passes to the Buyer upon full payment of the Invoice.

  • The risk of loss or damage to the Artwork passes to the Buyer upon delivery of the Artwork.

  • The Buyer must insure the Artwork against any loss or damage from the time of delivery until the time of installation or display.

  • The Buyer must not alter, modify, reproduce, or copy the Artwork without the prior written consent of Canvas Design Co and the artist.

  • The Buyer must not resell, lend, or donate the Artwork without the prior written consent of Canvas Design Co and the artist.

  • The Buyer must respect the moral rights of the artist, which include the right to be identified as the author of the Artwork, and the right to object to any derogatory treatment of the Artwork.

    Returns and Refunds

  • The Buyer may return the Artwork to Canvas Design Co within 14 days of delivery, if the Artwork is defective, damaged, or not as described in the Order Confirmation, and if the Artwork is in the same condition as it was delivered.

  • The Buyer may not return any custom-made or personalized Artwork, unless the Artwork is defective, damaged, or not as described in the Order Confirmation. Custom-made or personalized Artwork is non-refundable and non-exchangeable.

  • The Buyer must notify Canvas Design Co of the reason for the return and obtain a return authorization number from Canvas Design Co before returning the Artwork.

  • The Buyer must pack the Artwork securely and return it to Canvas Design Co by the same method and to the same address as it was delivered, unless otherwise instructed by Canvas Design Co.

  • The Buyer must bear the cost and risk of returning the Artwork, unless the Artwork is defective, damaged, or not as described, in which case Canvas Design Co will reimburse the Buyer for the reasonable cost of return.

  • Canvas Design Co will inspect the returned Artwork and issue a refund to the Buyer within 14 days of receiving the Artwork, if the Artwork is eligible for a return.

  • The refund will be made by the same method and to the same account as the payment was made, unless otherwise agreed by the parties in writing.

  • Canvas Design Co reserves the right to reject any return that does not comply with these Terms of Purchase, or to deduct any fees, costs, or damages from the refund amount.

    Warranty and Liability

  • Canvas Design Co warrants that the Artwork is original and authentic, and that it has the right to sell the Artwork to the Buyer.

  • Canvas Design Co does not warrant that the Artwork is free from any defects, errors, or inaccuracies, or that it will meet the Buyer's expectations or requirements.

  • Canvas Design Co's liability for any breach of the Contract or any negligence is limited to the amount paid by the Buyer for the Artwork, or the replacement or repair of the Artwork, at Canvas Design Co's option.

  • Canvas Design Co is not liable for any indirect, consequential, or incidental damages, or any loss of profit, revenue, or data, arising from or relating to the Contract or the Artwork.

  • Nothing in these Terms of Purchase excludes or limits Canvas Design Co's liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be excluded or limited by law.

    Dispute Resolution

  • If any dispute arises between Canvas Design Co and the Buyer in connection with the Contract or the Artwork, the parties will attempt to resolve the dispute amicably by negotiation, mediation, or any other alternative dispute resolution method.

  • If the dispute is not resolved within 30 days of the notice of the dispute, either party may refer the dispute to the exclusive jurisdiction of the courts of Australia.

  • The Contract and the Artwork are governed by the laws of Australia, and the parties submit to the exclusive jurisdiction of the courts of Australia.