Terms & Conditions
(a) your use of this website; and
(b) the supply of products to you by Next Chapter Enterprises Pty Ltd (ACN 632 581 401) trading as Wall Art Collections (us, we and our).
You acknowledge and agree that each time you place an order via our online store using this website, a separate and independent contract is formed between you and us and that contract incorporates these terms.
2. CUSTOMER ACCOUNT
2.1 Creating an account
You may, but are not required to, create an account on this website (Customer Account). Creating a Customer Account will ensure that future transactions in our online store can be completed more quickly. A Customer Account must be created in the manner specified on this website by providing the information specified on this website. It is also permissible to purchase products via our online store as a ‘guest’ without creating a Customer Account.
2.2 No credit
The creation of a Customer Account does not entitle to you purchase any products from us on credit or on extended payment terms.
2.3 Responsibility for Customer Account activity
(a) are responsible for all activity that occurs on your Customer Account (including all fees, charges and costs incurred using the Customer Account);
(b) must keep all details relating to your Customer Account (including your password) secure. We are not responsible for any unauthorised activity on your Account Customer;
(c) must not use another person’s Customer Account without our express consent and the prior approval of that other person;
(d) must, if you suspect or become aware of any unauthorised use of your Customer Account or that the security of your password has been compromised, notify us immediately and take all reasonable steps to re-secure your Customer Account (including by changing your password). We will provide reasonable assistance, if you request us to do so.
3. ORDERING AND PAYMENT
3.1 Shopping cart
(a) Once a product has been added to your shopping cart on this website, you can complete your order by following the directions specified on this website (i.e. by proceeding to the checkout and completing the checkout process).
(b) Information about your shopping cart is accessible in your Customer Account and your shopping cart will be stored if you exit this website before completing a transaction). If you proceed using a ‘guest’ account, your shopping cart will be immediately cleared when you exit this website.
3.2 Completing an order – checkout
(a) To complete your order, you must provide us with your name, contact details, shipping address and a payment method which is acceptable to us. When you confirm your payment method, we will bill that payment method immediately for the Price (the term ‘Price’ is defined in clause 4).
(b) Your completed order is an offer to purchase the product(s). Receipt by you of any written confirmation of your order from us (for example, in an email confirming your order details) is not acceptance by us of your order, but simply confirmation that your order has been received by us for processing.
(c) The payment methods accepted by us may change over time, and we will notify you of these changes by publishing them on this website. Currently, the acceptable payment methods include: Stripe, Paypal and Afterpay.
3.3 Acceptance of orders
We are not obligated to accept an order from you. We are deemed to have accepted your order when we notify you that it has been accepted or when we dispatch or arrange for the dispatch of the relevant product or products to you (whichever occurs first). You will receive confirmation from us when your order has been dispatched. Unless and until we accept your order, we reserve the right to refuse to process your order and you have the right to cancel your order.
3.4 Cancellation of an order by us
We will notify you if we are unable to fulfil your order for any reason (including, for example, because one or more of our products is not available, either temporarily or permanently, from our suppliers or we are unable to arrange satisfactory transport the product to you). If this happens, we will notify you and promptly refund any payment you have already made to us in respect of the cancelled order.
3.5 You may not cancel an order after we accept it
Given the unique nature of the products that we sell, including a number of products which are custom manufactured on-demand, you cannot cancel an order once it has been accepted by us and we are not obligated to return any money paid by you after we have accepted your order (regardless of whether you accept delivery of the product or not).
The price is the total cost for all products that appear in your shopping cart at the time of checkout excluding any shipping or logistics charges that apply to your order (the Price). The Price displayed at the time of checkout is conclusive and supersedes any prior indications or suggestions of price on other pages of this website. Although we take all reasonable care to ensure that the information on this website is accurate, you irrevocably waive all rights to make any claim against us for any error or omission regarding pricing information on this website.
4.1 Price inclusive of GST
Unless specified otherwise at the time of checkout, the Price is inclusive of GST.
We will issue a tax invoice to you promptly after we accept an order from you.
5. GIFT CARDS AND PROMOTIONS
If, from time to time, we offer promotions or issue and redeem gift cards, we will publish the applicable terms of those promotions or gift cards on this website (and those terms will form part of these terms).
6. INTELLECTUAL PROPERTY
In this clause 6, the term Intellectual Property means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, service marks, designs, patents, circuit layouts, plant varieties, business and domain names, database rights, confidential information, know how, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields existing anywhere in the world, whether or not registered or capable of registration, and any goodwill associated with such activity and any applications, renewals and extensions of such rights.
6.2 Ownership of Intellectual Property
(a) All Intellectual Property in this website is our property and/or the property of our related companies or our licensors.
(b) Nothing in these terms transfers or grants to you any proprietary rights, or any licence, in our Intellectual Property or any Intellectual Property used by us under licensed to us by the applicable licensor(s).
7. INFORMATION ABOUT PRODUCTS
(a) Information about products on this website is based on material provided by our suppliers and manufacturers. Except as required by law (including the Australian Consumer Law), we accept no responsibility for inaccuracies or errors caused by incorrect information supplied to us or by our suppliers and manufacturers.
(b) Due to photographic and digital device display limitations, the visual representation of products on this website may differ from the actual visual appearance of those products. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes and may not be an exact representation of the products which are being offered for sale on this website.
8. EXCLUSION OF REPRESENTATIONS AND WARRANTIES
8.1 No reliance upon representations
You warrant to us that you have not relied on any statement or representation made by us that has not been stated expressly in these terms.
8.2 Exclusion of implied conditions and warranties
(a) To the fullest extent permitted by law, all conditions, representations and warranties which would otherwise be implied in these terms by statute, general law, customs or otherwise are expressly excluded.
(b) Use of this website is at your sole risk. This website is provided ‘as is’ and ‘as available’ with all faults that do, or may, exist.
9. CONSUMER GUARANTEES
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in these terms exclude any of your statutory rights. Our liability for a failure to comply with a Consumer Guarantee applying to any Ordered Product is limited to the replacement of the Ordered Product or the supply of an equivalent Ordered Product (or the payment of the cost to you of the replacement or supply), or the repair of the Ordered Product (or the payment of the cost to the you of the repair).
10.1 Exclusion of liability
To the extent permitted by law, we are not liable to you whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any:
(a) loss of profit, loss of revenue or anticipated savings, business interruption, loss of chance or business opportunity, loss of or damage to goodwill or reputation, loss of data or claims by a third party for liquidated sums; or
(b) indirect or consequential loss (even if you have advised us of the possibility of such losses occurring),
incurred by you in connection with or as a result of entering into these terms.
10.2 Liability cap
To the extent permitted by law, and without limiting clause 12.1, our liability to you for all claims in connection with these terms, whether in contract, tort (including negligence and breach of statutory duty) or otherwise is limited to an amount equivalent to the Price you have paid to us for any products purchased as at the date the relevant liability arose.
If any provision contained in these terms is void or unenforceable for any reason, the relevant provision will be ‘read down’ to until the provision is enforceable. If the relevant provision is incapable of remedy by ‘reading down’, it will be severed from these terms without otherwise affecting the enforceability of the remaining provisions of these terms.
We reserve the right at any time to vary these terms and to add new or additional terms or conditions. Any such variations will be effective immediately on written notice being given to you and incorporated into these terms.
13.1 Governing law
(a) These terms and any dispute arising out of or in connection with the subject matter of these terms is governed by the laws of Queensland, Australia.
(b) Each party submits to the non exclusive jurisdiction of the courts of Queensland, Australia, and courts of appeal from them, in respect of any proceedings arising out of or in connection with the subject matter of these terms.
13.2 Entire agreement
These terms contain the entire agreement between you and us about the subject matter of these terms. Any previous understanding, agreement, representation or warranty relating to the subject matter of these terms is expressly replaced by these terms and has no further effect.