Tanjarine Art Online Terms and Conditions:
About these terms and Conditions (T & C’s)
Tanjarine Art ABN: 73502561062 (“we” “us”) operates a website, www.tanjarineart.com.au (our “Site”) and the Site, the Products available for purchase on the Site (“products”) and related services are made available to the Customer (‘you”) pursuant to the following Terms of Conditions and any other policies posted on our Site from time to time (collectively, the “T & C’s”). Please read the T & C’s carefully before placing any orders on our Site. We recommend you should keep a copy of the T & C’s for future reference. We may modify the T & C’s at any time. By accessing or using this Site, you agree to these terms and conditions of use. If you do not agree to these terms you may not use this site.
These terms and conditions also apply to the sale of any product or service via methods other than the site, including sales by telephone, email and other means, unless otherwise specified in writing.
Australian Sales Only
We sell and ship products only within Australia. We will not make deliveries outside Australia or to parcel lockers within or outside of Australia. We do not encourage you to use the Safe Drop option from Australia Post whereby your parcel will be left unattended at your nominated address, however if you do elect to use this service we are not responsible for any missing parcels and no claims can be made against us for compensation.
Eligibility to Purchase
In order to make a purchase through the Site, you will be required to register and provide personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide on ordering are both valid and correct and that you are the person referred to in the billing information provided.
Acceptance of Your Order
You may place an Order by filling in the Order Form on our Site and clicking the “Proceed to PayPal” button. Once you have made your choice and your Order has been placed, you will receive an email acknowledging the details of your Order. This email is NOT an acceptance of your Order, just a confirmation that we have received it.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these T & C’s. Information contained on the Site constitutes an invitation to treat. No information on our Site constitutes or should be deemed as an offer by us to supply any Products; however, we will make every effort to supply Products to you. We will notify you that your Order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders in our sole discretion. We will confirm acceptance of your Order when we send you an email confirming shipment of the Products you have ordered. If we cannot process or accept your Order after payment is received, we will contact you by email or telephone.
We reserve the right to accept or reject you Order, prior to shipment or delivery, if:
- We are unable to obtain authorization for payment.
- The Product ordered is out of stock.
- The Product does not satisfy our quality control standards and is withdrawn.
- You do not meet the eligibility criteria set out within the T & C’s;
- The Product ordered is subject to an error on the website, for example, in relation to a description, price or image; or
- An event beyond our control, such as storm, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the product within a reasonable time.
To the extent permitted by law, we also reserve the right to refuse to process and therefore accept a transaction, cancel an Order that we have previously accepted, refuse service to anyone, at any time and for any reason, at our discretion.
We will not be liable to you or any third party by reason of our not accepting an Order, withdrawing any merchandise for the Site, removing or editing content on the Site; refusing to process a transaction, or suspending any transaction after processing has begun.
Payment Methods and Processing
We currently use PayPal for processing of payment. We process payments after you click the “Proceed to PayPal” button. Orders placed on a weekend or a Public Holiday will be payment processed immediately but filling of the Order will not occur unit the next Business day. Business days are Monday through to Friday, excluding Victorian Public Holidays. We will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase subject to payment being received by us. Payments will be debited and cleared from your account upon placing of your Order. By making a payment you confirm that the credit/debit card what is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery. Any coupon codes, for example free shipping or discount offers, are valid at the time of order placement only and must be entered in correctly at the relevant point in the payment process for you to be eligible for the offer promoted by the coupon. Coupon offers will not be valid or honoured on Orders successfully placed without using the relevant or correct code.
We take all reasonable care to make our Site secure. All credit card transactions on this Site are processed using a secure only payment gateway that encrypts your card details in a secure host environment.
To help ensure that your shopping experience is safe, simple and secure we use PayPal, PayPal have authorized that we are in fact Tanjarine Art.
Our online ordering system is the industry standard for encryption technology to protect your online order information. PayPal encrypts all information including your credit card and all personal information passed from you to us. Encryption provides you with security and peace of mind when your browser and local network supports the use of encrypted data transmissions.
We take all reasonable care to keep the details of your order and payment secure, but we cannot be held liable to any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site unless that access was made possible by our negligence.
- We do not redeem VIP rewards as payment for online purchases
- We do not provide lay-by facilities for online purchases
- We are unable to accept credit cards issued by banks outside Australia.
- Debit cards and credit cards have daily spending limits that may substantially delay the processing of your order, if exceeded.
- You may be required to provide further identification and information for additional security reference checks.
We do not formally accept your offer until you Order has passed our internal validation procedures for verifying the bona fides of each Order placed. We may run security checks for the purpose of preventing credit card or payment fraud. Security checks may be conducted by telephone, by email or by a combination of both. As part of a security check we will require you to provide further verification of your credit card and your identification. If you do not agree to undergo a further security check you may have your Order cancelled or refunded. We maintain absolute discretion to cancel and refund your Order if you refuse to undergo any part of a security check.
We have made every effort to display as accurately as possible the colours of our Products that appear of our Site. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
Product prices shown on the Site are in Australian Dollars and are inclusive of GST at the applicable rate as per the Australian Taxation Office requirements.
Pricing and Stock Availability
We always seek to list Products with the most competitive prices.
- We reserve the right to change prices for Products displayed on the site at any time before you submit an Order.
- The price of Products shown excludes shipping costs. The shipping cost is shown separately on the Product page but may be recalculated based on how many and what items you place in your shopping cart. Please refer to Shipping Charges below for more details.
- The promotions and sales prices that are offered on the Site are available online only. Tanjarine Art may operate other promotions and sales concurrently.
- We reserve the right to extend or withdraw a promotional or sales offer at any time without notice. Promotional codes are not valid to be used in the same order as other promotional codes. Promotion codes are not valid on gift cards or online gift vouchers.
- Certain online promotions and offers are subject to additional terms and conditions which will be specified with the offer on the Site (e.g. Duration of the promotion or sale, method of calculation of savings etc). Please read these additional terms and conditions carefully.
Delivery and Shipping
A confirmation email showing that we have received your order will automatically be sent to you once you have proceeded through to the end of the check out. Once accepted your order will be dispatched with the next 2 Business Days if no other problems arise. In which case you shall be contacted within reasonable time.
Timing of Delivery
Estimated delivery time within Australia is approximately 2 to 14 days from the date of your payment is received. The estimated delivery times are in business days (Monday through to Friday, excluding Public Holidays in Victoria). Estimated times are to be used a rough guide only depending on your location and the availability of stock – > Whilst we endeavor to fulfill all orders, please note some items, sizes or colours may not be available at time of dispatch. Your credit card will be refunded for items not available at time of dispatch. If your Product has not arrived after the estimated delivery time, please contact (email: email@example.com) us and we will research the delivery.
Cancellation or Change
It may be possible for you to cancel or change your order if your order has not started the packing process in our warehouse. Please contact one of our customer service representatives (email: firstname.lastname@example.org). If a cancellation or change remains possible, they will assist you.
Please note we only ship orders to Australian Postal addresses and post office boxes. Unless otherwise agreed by us we will deliver your Products to the Australian address indicated on your Order Confirmation. We dispatch all orders using Australian Post e-parcel service. If no-one is available to take delivery of your Products our carrier (Australia Post e-parcel) will leave a card so you can pick-up your Order form your local Post Office. We will use our reasonable efforts to deliver your products to you within the estimated delivery time, however, we do not guarantee that we will deliver within this time frame. Title and risk loss to all Products will pass onto you when delivered.
If you have specified a recipient who is not you, for delivery purposes, then you accept that evidence of a signature by a person who identifies themselves as that person at the delivery address, is evidence of delivery to you and fulfilment by us of our responsibility.
Please Note: We do not ship to parcel lockers
All purchases for delivery in Australia will be charged as per the product type and quantity already calculated. Our freight and handling fees do not include insurance and we may not be held responsible for any damage, destruction or loss of goods after delivery to Australia Post. Any applicable shipping charges for your order will be shown during the checkout.
We may at our discretion offer limited time free shipping promotions from time to time
Consumer guarantees apply under the Australian Consumer Law. Nothing in these T & C’s excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at consumerlaw.gov.au (http://www.consumerlaw.gov.au/).
If a Product has a minor defect, we may provide a repair or offer you a replacement or refund or a refund at our discretion. If a Product has a major defect, you are entitled, within a reasonable time after delivery to:
- Reject the goods and receive a refund
- Reject the foods and receive an identical replacement, or one of similar value if reasonably available to us, or
- Keep the goods and receive compensation for the drip in value caused by the problem.
If the Products arrive damaged or inoperable a claim must be made by emailing our Customer Service Team on email@example.com within 7 days after the parcel has been delivered and providing a full detailed description of the problem with supporting photographic evidence as well as your order number. Depending on the problem our, Customer Service Team will determine how best to resolve your problem with minimum inconvenience to you. Please note Products that are damaged as a result of normal wear and tear are not considered to be faulty. Where possible, we will offer to repair Products that we accept are faulty. If we consider the Product is not repairable or the same product is not available, you are entitled to a full refund in the original tender. Our normal warranty for the Products supplied to you applies if they arrive damaged or inoperable.
Where we have agreed that a Product is defective and needs to be replaced or repaired return shipping will be arranged at our expense. We recommend that items are returned to us via courier or registered post to ensure that they are protected and insured during transit. If a product is replaced, your replacement Product becomes your property and the returned product becomes our property. When a refund is given, the returned Product becomes our property.
Where we agree to replace a Product:
- A replacement for the Product that your ordered will be shipped to you at our expense after we have received your returned product (does not apply to change of mind).
- The delivery time for the replacement Product will be the same as stated for the original Product.
- Consumer Guarantees under the Australian Consumer Law but no additional guarantees apply to all replacement products.
Goods with Manufacturer’s warranty – Refund/Replacement Policy
Some products come with a guarantee or warranty from the manufacturer. Please refer to the warranty terms and conditions on or in the packaging, however, nothing in those warranty terms and conditions excludes the application of the Consumer Guarantees that apply under the Australian Consumer Law and our change of mind Guarantee.
Return Authorization Number – A Must Have
A Return Authorization (RA) Number is required for replacement Products and refunds. Where customer Service has provisionally determined that a Product is defective, Customer Service will issue you with an RA. Products cannot be returned without an RA. The Product should be returned within 30 calenda days of the issuance of the RA to qualify for a replacement or refund. All Products must be returned new and unused, including any accessories, manuals, documentation and registration that were shipped with the Product. If accessories are not included, only a partial refund will be applied.
It is your responsibility to ensure that the Products are protected from damage in transit. Returns that are damaged or soiled may not be accepted and may be sent back to you and/or a refund refused.
You will be notified by email once your return has been received and processed.
Unidentified returns may be returned to the sender, therefore please ensure all details are clear and concise.
Returning a Product if you change your mind – Online Orders only
All our items or Products come with a thirty (30) day refund guarantee in addition to your statutory rights. If, for any reason whatsoever, you are not satisfied with any Product delivered to you, you may, within (30) days of the Product being delivered, return the Product, it must be as new and unused, with all tags and stickers still attached with your original tax invoice (as proof of purchase) to us for a full refund of the purchase price of the product. This refund does not include the costs of return postage. You are responsible for the return postage to our warehouse. We recommend that the Products are returned to us via courier or registered post to ensure that they are protected and insured during transit. Returns that are damaged or soiled many not be accepted and may be sent back to you and/or a refund refused.
For information regarding the most appropriate way to return items for change of mind you must first contact the Customer Service Team via email on firstname.lastname@example.org
Change of mind guarantee does not apply to Products that we repair or replaced under these T & C’s.
You are entitled to a refund, exchange or credit governed by Australian Consumer Law and this change of mind guarantee is in addition to those rights.
Organizing the Return Product
To return any Product for any reason you must arrange the return via Australia Post. If you change your mind you will incur the return delivery. Products must be returned whenever we agree to provide you with a refund or replacement of Product or ask you to return the Product for us to inspect. A Customer Service Representative will email you an RA which must be affix to the Product. You must take the Product to any Australian Post office for return.
Your Data – Use and Protection
By placing your Order, you agree that we may store, process and use date collected form your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
Credit Card Fraud
While we employ PayPal for our technology software for its transactions with our customers, we will not be responsible for any damages , consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
Fraud Protection or Prevention Procedures
To help ensure we remain a safe and secure place for our customers to transact we may ask you to confirm your identity that you’ve provided us is correct.
Our process is to contact you either by phone or email with a request to confirm certain information. This may occur when you open a Tanjarine Art Account or when you make an online purchase. In addition, from time to time we may need you for some extra information so that we can adequately identify who you are. This information will only ever be collected for the purposes of confirming your identity. Our process is entirely voluntary, however if you do choose not to confirm or provide the information, we ask for then we may unfortunately not be able to continue to process your order.
If we need to confirm your identity, we’ll attempt to contact you soon after you have placed your order. If we can’t confirm your identity within 7 days, we will cancel your order and process a refund within 24 hours of our last attempt to contact you.
You may not assign any rights or obligations under these T & C’s whether in whole or in part without the prior written consent of us. Any unauthorized assignment shall be deemed null and void. We reserve the right to change the T & C’s at any time. The T & C’s applicable to you are those on our Site at the time you order a Product. No employee or agent has the authority to vary any of the T & C’s governing any sale.
To the extent permitted by law we are not liable for any delay in performance any of its obligations under these T & C’s if such delay is caused by circumstances beyond the reasonable control of us, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Intellectual Property (IP) Rights
Your use of the Site and its contents including any graphics, photographs, Images, Artwork, Music, Video, or text on this Site, grants no rights to you in relation to any copyright, designs, trademarks, and any other intellectual property and material rights relating to it including our software and all HTML and other code contained in this Site. All such IP, including third party trademarks, designs, artwork and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the IP only as expressly authorized by us and/or third-party licensors. Any reproduction or redistribution of the IP is prohibited and my result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing the IP for your own personal use. This site is for your personal, non-commercial use only. You may not use this Site for any commercial purposes, including any advertising or advertising revenue generation activity on your own site.
Your use of Website
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have engaged in prohibited activities, were not respectful of other users, or otherwise violated the T & C’s, we may deny you access to this Site on a temporary or permanent basis.
Third Party Website
We may include links on this site to other Websites or resources operated by parties other than us. We have not reviewed all the websites or resources linked to this Site and are not responsible and have no liability whatsoever (directly or indirectly) for the content or accuracy of any of these Website pages or resources nor for the availability of such external websites or resources, the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external or resources.
Compensation and Liability
You agree to compensate us fully on demand for any liability, claims, expenses, damages and losses, including legal fees, arising from any breach of the T & C’s by you, or arising from the use by any other persons accessing this Site using your internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the Site or any part of it, or from your decision to purchase Products from us, except to the extent of our negligence or breach of these T & C’s.
You acknowledge that if you breach the T & C’s and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T & C’s. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T & C’s is any way.
You acknowledge and agree that the T & C’s together with all our policies and procedures will be governed by and construed in accordance with the law of Victoria, Australia and the relevant courts of Australia will have exclusive jurisdiction.
Reading down & severability, inconstancy
If any portion of these T & C’s is or becomes contrary to any Australian Law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the T & C’s will not be affected by the severance. If any portion of these T & C’s is inconsistent with any other policies or terns constituting these T & C’s, then these T & C’s will prevail to the extent of the inconsistency.
Tanjarine Art – Online Terms and Conditions
Monday, August 24, 2020