TERMS OF SERVICE FOR CUSTOMERS

These Terms of Service for customers (“Terms”) apply to all customers, and potential customers of Kirsten Johnston [ABN 46792653510] (“we, us, our”). These Terms together with any other terms and conditions and policies including our Privacy Policy we publish or link to on our Website and Services form an agreement with us (“Agreement”). “You” could be any customer of ours. If you do not agree, you cannot purchase any of our Products online. We may change this Agreement at any time, and by continuing to use or access our Website and Services, you are accepting those changes.

 

BEFORE PURCHASE

Things you must do before purchasing Products on our Website

You must:

• be 18 years old or have parental consent;

• provide complete and accurate information to us, including account information, and promptly inform us of any updates to your information;

• pay for the Product via the published payment methods available;

• have any special offer coupons ready as they must be used at the time of purchase to apply - they cannot be applied retrospectively.

 

Acknowledgements you make when purchasing on our Website

You acknowledge and agree that there may be:

• occasional errors or omissions in Product descriptions, prices, shipping charges, delivery times, availability and promotions;

• colour differences, so that the colours and images of Products we display may be different on your screen to the colours and images of the actual Products;

• Products we display that are only available through our Website;

• Products that may require stretching and framing at your cost, particularly if they are larger than 150cm and sent in a tube; and

• some Products with limited quantities, and some sales that are limited to certain regions or groups of people.

Except as required by law, we cannot guarantee the accuracy of the information, the colours and images or the availability of the Products.

 

You further acknowledge and agree that where payments for Products are made in instalments, you authorise us to deduct all accrued and outstanding fees from your credit card or debit card provided.

 

AFTER PURCHASE

Things you must do after purchasing on our Website

You must:

• contact Australia Post or the courier company directly if you have late, stolen, or damaged deliveries (we include insurance in the delivery costs, so if issues remain outstanding, please contact us);

• comply with our instructions in relation to the Product;

• contact us by email at kirsten@kirstenjohnstonarts.com if you have any issues with the Product and require a refund;

• seek our prior written consent before any publication of information about us; and

• in the case of a dispute keep all communications confidential.

 

Things we’d love you to do after purchasing on our Website

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately kirsten@kirstenjohnstonarts.com.

 

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our Website and store

Except as required by law, we may at any time, and without prior notice to you:

• change and update information including shipping charges, delivery times, availability and promotions;

• change prices or descriptions of our Products;

• change our range of Products, or discontinue Products and/or

• cancel orders if information is inaccurate.

 

We make deliveries at your option and your cost

We deliver Products purchased through our Website to the areas that are published on our Website. We will process your delivery upon receipt of payment and send your Products via Australia Post or a reputable courier company. All our delivery fees include insurance. We provide standard shipping on all our Products and therefore the delivery times will depend on the courier company. Any international customers are responsible for international shipping rates and any custom and import duties.

 

We comply with the Australian Consumer Law

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. 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 Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

Except as required by law, we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to your misuse, failure to comply with manufacturers and our instructions, where you fail to take reasonable care, or where you fail to provide us with adequate information.

 

If we need to cancel your order, we will provide a refund

Except as required by law, all sales for our Products are non-transferable and non-refundable. On occasion we may cancel an order for a Product where we are unable to fulfil it. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund. In some instances, where we cannot fulfil part of your order, we will call you and ask if you would like a replacement or substitution product or refund. We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where an order appears to be by resellers or distributors without permission. We do not provide refunds except as required under the Australian Consumer Law.

 

We can refuse to serve you and sell Products at any time

We may refuse to provide Products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our Website and Services and ban your purchase of any Products. We can also change, suspend or stop providing Products at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop selling our Products, or stop any services.

 

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, lost or stolen Products during delivery, any late delivery, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, or your use or misuse of any Product.

To the extent to which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

• the replacement of the products or the supply of equivalent products; or

• the payment of the cost of replacing the products or of acquiring equivalent products.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.

 You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement.

 

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.  

 

OTHER

This Agreement is to be construed in accordance with the laws of SA, Australia, and you and we submit to the jurisdiction of the courts of SA, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

 

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.  
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.

Products means any product available through our Website and includes fine art pieces.
We, us, or our means Kirsten Ann Johnston t/as Kirsten Johnston [ABN 46792653510] and includes any of our employees, agents, partners, and contractors.
Website and Services means www.kirstenjohnstonarts.com, and everything available on this website including, but not limited to, all Products and any services.