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Terms & Conditions

Please find below a list of our Terms and Conditions that govern our online and custom commission orders. If you have any questions, please feel free to contact us directly at enquiries@cmdartistry.com

Please read these Terms and Conditions of use carefully before accessing, the CMD Artistry website, using or obtaining any of Our Goods or Services through any technological application, You agree to be bound by these Terms and Conditions ("Terms"), including but not limited to, Our Privacy Policy. If You do not accept all of these Terms, then You may not use Our Website, Goods or Services. In these Terms, "we", "us", "our" or “artist” refers to CMD ARTISTRY, and "you", "your", “customer” or “end user” refers to You as the user and consumer of Our Website, Goods and Services. 

These Terms and Conditions (“Terms”), as may be amended at our discretion, apply to all Our Goods and Services directly or indirectly (through distributors) made available in-store or online, through any mobile (tablet) device, by email, by telephone or third party sites (retailers). While CMD Artistry makes all effort to keep our website accurate and up to date, it may contain errors, inaccuracies or may not be current at the time of viewing.

 

  1. Use of Website

You must not use Our Website in any way that causes, or may cause, damage to Our Website or impairment of the availability or accessibility of Our Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Neither CMD Artistry, nor its employees, agents or contractors are liable for any damages whatsoever arising out of, or in any way related to the use of this website or any other website linked to this website. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information

  1. Copyright and Intellectual Property

All copyright, trademarks, design rights, and patents (registered and unregistered) in and on Our Website belong to Us and are protected by The Australian Copyright Act. Nothing in the Terms grants you a right or license to use any trade mark, design right or copyright owned or controlled by Us except where written permissions have been granted by Us. All of the text, images, trademarks, service marks or other material contained on Our Website is owned by Us. Other non-CMD ARTISTRY product, service, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only.

Application to Reproduce online imagery depicting our artwork can be requested by emailing enquiries@cmdartistry.com . Submitting an online request for reproduction of online imagery does not guarantee or automatically imply permission.

  1. Terms of Purchase

After you have selected the item or items you wish to purchase, please proceed to the checkout where you will be asked either to checkout as a guest, or to register your details or log in if you have registered your details previously. When you submit your order and payment details, your order will be processed and you will receive an email containing your invoice and confirmation of your order.

Please note all colours of Goods are reproduced as accurately as possible, however, a slight variation may occur between Our Website due to computer picture resolution and individual monitor settings on your computer screen, mobile device or tablet. Unfortunately, items cannot be returned because of a variation of colours from website images to real life. All images used on Our Website are for illustration purposes only and are not necessarily shown to scale, nor are prop items included with the purchase. Please feel free to contact us at enquiries@cmdartistry.com for the approximate artwork scale within specific imagery.

  1. Price

All prices listed are in Australian dollars, and are inclusive of 10% GST.Payments are to be made to Us without any deduction or discount other than as stated in these Terms, or in the relevant invoice or statement. Price of Goods and Services may be subject to change at any time without notice.

  1. Payment

CMD ARTISTRY accepts payment by credit card or Paypal, using the secure services of Paypal.. Payment for all Goods and Services is to be received in full prior to You taking legal ownership of them.

  1. Commissions

A deposit of 50% of the invoice price must be paid at the time of placing the order. The invoice balance must be paid within (7) seven days of being notified of the availability of the Goods or Service before the Customer can take legal ownership of the Goods or Services.

  1. Shipping & Freight

Shipping within Australia is calculated using the size, weight and fragility of the item/s to be shipped. This is to help ensure that your purchase arrives intact and undamaged. We use a variety of courier and delivery services depending on the size and fragility of the item.

Artworks may be sent by Courier at an additional postage cost than standard post, if they are exceptionally large, fragile (framed artworks) or need to be received within a shorter time frame than usual. Please contact equiries@cmdartistry.com BEFORE you make your purchase online, to receive a quote and custom invoice.

  1. Delivery Timeframes

As our Limited Edition Prints (unframed) are often stored off site to decrease risk of damage or are printed on demand, please allow 2-4 weeks for your order to arrive. Consequently, any Limited Edition Prints or Original works that are being framed will incur an additional 1-2 week wait time (3-6 weeks in total).

Commissioned Works do not adhere to the aforementioned standard delivery timeframes, due to the custom nature of the order. Approximate commission processing times will be published on our “Commissions” page, for your reference, where applicable. An additional 1-2 weeks should be added for delivery on all approximate Commission completion estimates.

Please note: these timeframes of delivery and processing can vary during peak times of the year such as Christmas, Easter and Public Holidays. Excess times will be notified to the Customer where possible.

  1. Accepting Delivery

If the Customer fails to collect the Goods or accept delivery within (21) twenty-one days of being notified of their availability, We may terminate this contract, keep the deposit and resell the Goods. In addition, The Customer must, at its own expense, insure uncollected Goods stored by Us against theft, fire, water and other risks until title in the Goods has been passed to the Customer. If possible, please provide an address where someone will be able to receive the Goods during business hours on weekdays. (i.e. your work address).

A signature is required at the point of delivery for all parcels sent via registered post or courier

No responsibility is accepted on our part in regards to lost parcels, wrong shipping addresses that are provided to us upon checkout or if a parcel is not successfully delivered due to a lack of physical signature. If such an event occurs, then the delivery timeframes as outlined within this document are declared null and void.

  1. Insurance

All Limited Edition Prints and Original Works on Paper are not initially protected by insurance during Shipping. Goods during shipping are the responsibility of the Customer from the moment of dispatch to point of collection. We do not accept any responsibility for damaged or lost work once it has been dispatched.

Insurance is available upon request and at an additional cost. Please contact us at enquiries@cmdartistry.com

It is important to note that Australia Post Express Post parcels are also not covered by insurance and are not guaranteed the next day delivery in all areas.

  1. International Orders

For international orders, allow an additional and approximate 20 working days for delivery depending upon location.

Please Note: Framing of Limited Edition Prints and Original Works (both on Paper and Canvas), is NOT available to International Orders. All Artworks (both Prints and Originals) will be posted rolled in a mailing tube, whereby framing or re-stretching will be organised and additionally paid for by the Customer.

All international orders may incur customs or an import duty fee. These charges arise upon delivery of your parcel. These charges vary greatly depending on the country you are ordering from and cannot be predicted. Please contact your local customs office for further information. Anyone at your specified delivery address who receives the goods shall be taken by CMD Artistry to be authorised to receive the goods on your behalf. If there is no one at the delivery address at time of delivery, you will need to make alternate arrangements regarding a suitable time with the carrier. You may be required to pay an additional fee.

  1. Acceptance of Goods

Unless the Customer has inspected the Goods and given written notice to Us within (2) two days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition. Please check the packaging of all Goods delivered by courier before signing for them for signs of tamper and damage. 

On discovery of any defect in the Goods, the Customer must immediately notify Us in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of Us to do so. Please refer to Clause 14 (Warranty) of this document for resolution procedures in this unlikely event.

  1.  Return Shipping

The cost of return shipping is at the Customers expense. Return shipping must be prepaid and by a traceable method to ensure safe and documented delivery.

  1. Cancellations

No order may be cancelled, modified or deferred without the prior written consent from Us. If such consent is given, it is at our discretion and a 20% Cancellation fee will be retained from the purchased amount, in order to cover production losses.

Whereby the Customer wishes to cancel a Commissioned work, they forfeit this contract and We will reserve the right to retain their deposit.

  1. Warranty

Upon initial acceptance of Goods (refer to Clause 11 of this document), CMD Artistry does not provide warranties on any of its products or on any information provided on the CMD Artistry website. As many of the items available through CMD Artistry are handmade and hand painted, they will have minor textures and unique qualities, which are a delightful consequence of their handmade nature. If you have any queries in relation to a specific piece listed for sale online which may have areas of uncertainty for you, please contact us for further information at enquiries@cmdartistry.com

Please note: as specified by the relevant manufacturer and subject to the product care standards, as supplied on our “Product Care” page. Limited Edition Prints have an archival guarantee of 100 years. It is, however, entirely up to the Customer to not display Limited Edition Prints and Original Artworks in direct, harsh and/or consistent sunlight, as this will void the warranty of the Product.

We are not subject to, and the Customer releases Us from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods when being used in a manner to which they were not intended. The Customer acknowledges that We are not: (a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and (b) liable for any claim, damage or demand resulting from such non-compliance.

We do not provide refunds unless the Goods are damaged, excluding any damage that has been caused by normal wear and tear as determined by Us- including but not limited to un-insured shipping and handling.

In the unlikely event that Clause 11 of this document does not occur successfully, according to the Trade Practices Act 1974 or any other statute applied to the contract between Us and the Customer then, to the extent to which We are entitled to do so, Our liability under the statutory provisions is limited, at Our option, to: (a) replacement or repair of the Goods or the supply of equivalent Goods; or (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, We will not be liable for any consequential loss or damage or other direct or indirect loss or damage.

These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.

  1. Force Majeure

We are not liable for any breach of contract due to any matter or thing beyond Our control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident).

  1. Waiver of Breach

No failure by Us to insist on strict performance of any of these Terms, is a waiver of any right or remedy which We may have, and is not a waiver of any subsequent breach or default by the Customer.

  1. Severability

If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

  1. Governing Law

These Terms and the Contract shall be governed by the law of New South Wales and the parties submit to the courts of New South Wales in respect of any dispute arising.

  1. End User Agreement

All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. The purchase of any Goods from Us to you the End User, does not waiver Our copyright and ownerships rights, and You are strictly forbidden to reproduce in part or whole any Goods (for commercial purposes or otherwise) that You have purchased from Us.

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If you have any questions about these Terms and Conditions, please contact enquiries@cmdartistry.com