Terms of Service
Delivery for our artworks must be a location that is a reasonable access for couriers to deliver the artwork(s). Delivery charges may incur if the artworks are re-delivered due to inability to access the delivery location. If the artwork(s) are taken to a collection point, the artwork(s) must be collected from the collection point within 10 business day(s) of notice. Failure to collect artwork(s) within this time frame can result in the artwork being returned to the artist at the buyers expense. If the artwork has been returned to the artist in the condition the artist sold it at and sent will the buyer receive a refund. If the artwork is damaged in any way, a partial compensation to the artist will be subtracted from the buyer's initial refund amount.
Terms of Service
Whitfield Collection (Whitfield Gallery Pty Ltd) (We, Us, Our) is an online gallery offering original works of art (Artwork) for purchase. These terms and conditions govern your purchase of Artwork using https://whitfieldcollection.com.au (the Whitfield Collection Website).
By purchasing Artwork from the Whitfield Collection Website, you acknowledge that you have read and understood, and agree to be bound by, these terms and conditions.
ORDERS + PAYMENTS
Unless otherwise stated, all fees are quoted in Australian Dollars. Prices displayed on the Whitfield Collection Website are subject to change without notice. Any order for Artwork must be paid for in full prior to delivery. You are responsible for paying any fees and applicable taxes associated with any Artwork purchase made through the Whitfield Collection Website using a valid payment method.
If an item is unavailable or there is an error in the price of an item, we reserve the right to decline to sell Artwork to you and may cancel your order at any time prior to dispatch of the Artwork. Before doing so, we will notify you and upon cancellation will promptly refund your payment.
We do not accept any responsibility for orders that are declined, delayed or not accepted due to disruptions with internet connections.
Please note that we are unable to cancel or amend orders after they have been dispatched.
ACCURACY OF INFORMATION
The information on the Whitfield Collection Website regarding Artwork is sourced from third parties. Whilst We endeavour to ensure that the content of the Whitfield Collection Website is correct and up to date, we take no responsibility for the accuracy, currency, reliability or correctness of any information that is sourced from third parties. You acknowledge that any reliance on representations and warranties provided by any Artist shall be at your own risk.
Each item of Artwork available for purchase will be identified in the Whitfield Collection Website through one or more photographs. While those photographs are true photographs of each item of Artwork, you expressly acknowledge that characteristics such as shape, dimensions and colour may differ slightly between the photographic image(s) and the physical Artwork itself.
SHIPPING + INSURANCE
The delivery fee is included in the price of all Artworks on the Whitfield Collection Website.
We will only deliver Artwork ordered through from the Whitfield Collection Website to a physical address in Australia nominated by you. Delivery for our Artworks must be a location that is a reasonable access for couriers to deliver the Artwork(s). Delivery charges may incur if the artworks are re-delivered due to inability to access the delivery location, or if the Artwork is not collected from a collection point. You expressly acknowledge that Whitfield Collection is not liable for these extra delivery charges,
Risk and title to the Artwork passes to you on the date and time of delivery to the Delivery Address.
LIMITATION OF LIABILITY
You specifically acknowledge that any Artwork purchased by you from the Whitfield Collection Website is provided “as is” without warranty of any kind, either expressed or implied.
You expressly acknowledge and agree that:
(a) your use of the Artwork is entirely at your own risk;
(b) We make no warranties that the Artwork will be suitable for your intended use, or that defects in the Artwork will be corrected; and
(c) no advice or information, whether oral or written, obtained by you from Us or the Whitfield Collection Website will create any warranty not expressly included in these terms and conditions or required by law.
Whilst We have taken reasonable measures to ensure the integrity of the Whitfield Collection Website and its content, no warranty, whether express or implied, is given that any files, downloads or applications available via the Whitfield Collection Website are free of viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.
You agree that We do not guarantee continuous, uninterrupted or secure access to the Whitfield Collection Website, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Our control.
In no event shall We be liable for any loss or damages including direct, indirect, incidental, special or consequential damages of whatsoever nature whether based in contract, delict, strict liability or otherwise, arising out of or in any way connected with the use of the Whitfield Collection Website, the inability to use the Whitfield Collection Website, the operational failure of the Whitfield Collection Website, or for any information, data, products, and/or services obtained through the Whitfield Collection Website.
Insofar as the Whitfield Collection Website contains links to any other internet websites, you acknowledge and agree that We have neither the power nor control over any such websites and shall not be liable in any way whatsoever for the content of any such linked websites, nor for any loss or damage arising from your use of any such websites.
We will shall not be liable, directly or indirectly, for any loss or damages of whatsoever nature suffered by you due to the unavailability of any Artworks featured on the Whitfield Collection Website for any reason whatsoever.
INTELLECTUAL PROPERTY RIGHTS
All content on the Whitfield Collection Website is copyright of either Whitfield Collection or the Artist. Content must not be downloaded or used without express written permission from Whitfield Collection, or the Artist where the content is their own work.
You will indemnify Us (and Our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of purchasing Artwork from the Whitfield Collection Website.
AMENDMENT TO TERMS + CONDITIONS
We reserve the right, at our absolute discretion, to amend these terms and conditions at any time. Any amendments shall be effective immediately upon publication on the Whitfield Collection Website.
PRIVACY AND PERSONAL INFORMATION
You agree that We may collect Your personal information for purposes of fulfilling your order and for managing returns, refunds and exchanges.
If you have opted to subscribe to our newsletter, you will be provided with regular updates on the Whitfield Collection Website via email. You are welcome to unsubscribe at any time.
These terms and conditions constitute the entire agreement between you and Us regarding your purchase of Artwork. Whitfield Collection is released from any claims arising from disputes between Artists and Purchasers, between Artists and Artists, and between Purchasers and Purchasers.
If We waive, in whole or part, any rights available to Us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions, in which case, the remainder of these terms and conditions shall nevertheless continue in full force.
The laws governing these terms and conditions will be the laws in the State of New South Wales