Welcome to Artiq Galleries. We provide access to our website artiqgalleries.com.au (the "website") and sell our products to you subject to the conditions set out on this page.
Our contract When you place an order to purchase a product from ArtiqGalleries.com.au your order represents an offer to us to purchase a product which is accepted by us only when we send confirmation and an invoice by e-mail to you. Normally we will reply within 24 hours.
Definitions The "Buyer" means person who buys or agrees to buy Goods from the Seller. The "Seller" means Artiq Galleries."Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
Conditions These conditions shall apply to all Contracts for sale of Goods by the Seller to the Buyer to the exclusion of all other Terms and Conditions including any in which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. No variation or addition to these Conditions shall be effective unless agreed in writing by the Seller. No Contract for the sale of Goods shall arise until the Seller dispatch the Goods to the Buyer or the Buyer notifies the Seller in writing of its acceptance of the Seller's quotation (whichever shall first occur). Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions. Nothing in these Conditions shall affect the statutory rights of any consumer. The Price shall be that on the Seller's current list price (or if applicable the price contained in the Seller's Quotation). The Seller reserves the right to revise prices prior to dispatch of Goods to reflect any direct or indirect increase in costs to the Seller but if the price has been paid in full prior to dispatch no price Revision take place without the prior written agreement of the Buyer. The payment must be made in full before dispatch of any Goods. If any act or proceedings shall be commenced in which the Buyer's solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
Warranty and Liability The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
Delivery Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyer's address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
Ownership and Risk The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request. The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods. If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer's premises by its servants or agents to recover the Goods and the Buyer shall be liable for all the Seller's costs of so doing.
If the Buyer is a consumer and properly rejects any of the Goods immediately upon delivery and shall notify the Seller within one day of delivery, if the Goods are damaged or do not comply with the Contract, the Buyer shall nonetheless pay the full price for such Goods unless the Buyer promptly gives notice of rejection to the Seller and at the Buyer's cost returns the Goods to the Seller in good condition. The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within one day of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods. Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer's risk and either a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or b) at the Seller's option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
Events beyond our reasonable control We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.