TERMS & CONDITIONS
Welcome to James Alary Design & James Alary Designer Art Australia web site (the ”James Alary Design & James Alary Designer Art Australia Site” or the “Site”). James Alary Design & James Alary Designer Art (“James Alary Design & James Alary Designer Art Australia Online”, “we”, “us” or “our”) provides the services available on the Site to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
James Alary Design & James Alary Designer Art are located on the Gold Coast, Australia and is operated by James Alary (ABN 23704934472).
To be eligible to purchase products on this Site and to lawfully enter into and form contracts on this Site under Australian law you must:
(a) register on the Site as a legitimate business; and
(b) be the holder of a valid debit/credit card.
The Username and Password that is used or has been provided by James Alary Designs or James Alary Designer Art must only be used by the registered person. It is against our Terms for you to pass on your log in information to a third party to access the site fraudulently. Should this occur we will take the appropriate legal action to recover any possible damages or lost earnings at the maximum liability permitted by law.
Our right to cancel your order
If we reasonably believe, in our sole discretion, that your completion of your order may result in the violation of our Terms and Conditions we may, with or without notice, to cancel or reduce the quantity of your order. Our policies form part of these terms and conditions
We handle returns and process refunds in accordance with the Australian Consumer Protection Law. We do not offer returns or refunds if you change your mind.If a refund is agreed upon, we will process a refund upon timely receipt of the good(s) purchased. All refunds are made at the discretion of James Alary Designer Art & James Alary Design.
The price for the Products will be:
(a) the price in Australian dollars plus Australian GST and other sales taxes (if any); and
(b) the costs associated with additional services and delivering the Products to you;
(c) as quoted on the Site at the time of placing your order.
Where you require the Products to be packaged in a non-standard manner, we may charge for the cost of the packaging in addition to the costs aforementioned. We may alter the prices of the Products at any time with notice.
All orders are payment up-front (considered Invoice) and are transacted through the online payment system on the website.
All transactions will be calculated in Australian Dollars ($AUD).
You many pay using any of the methods specified in the Payment section of this Site. You confirm that the credit or debit card or Paypal Account that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
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.
James Alary Design & James Alary Designer Art does not charge any additional fees on any payment method.
We will do our utmost to ensure your order is dispatched within 7 working days. However on occasions, due to circumstances outside of our control, it may be longer. We will notify you of any delay but we cannot be held responsible.
Freight/Shipping/Delivery charges are additional and are borne by the purchaser.
International orders cannot be purchased through our payment gateway or at check-out. Cost of delivery to any location outside of Australia (International) can be discussed directly with us.
Exclusion of loss caused by certain things
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort, including negligence, or otherwise), under any circumstances, for any
(a) interruption of business;
(b) access delays or access interruptions to the site;
(c) data non-delivery, misdeliver, corruption, destruction or other modification;
(d) loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on the site;
(e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party sites;
(f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or
(g) events beyond our reasonable control.
Damages & Discrepancies
We understand through shipment/delivery that sometimes damages may occur. Upon receipt of your items we ask that you open the box(s) immediately and to check that the item(s) you have ordered are free from any damage or discrepancies. Any discrepancies or damages MUST be reported to us within 24 hours of receiving the goods. The neglect to advise us within 24 hours will void any responsibility of James Alary Design & James Alary Designer Art and will become solely your responsibility. It is imperative that you advise us within the 24 hour period as the insurance cover on the item(s) will no longer be in effect .
All framing is made by hand and there may be some variations in the texture, colour and finish. These are all part of the timbers used and design process and are not considered as flaws.
It is recommended that all artworks are displayed under indirect lighting conditions and away from any contact with moisture and high levels of humidity. Do not display artwork in the direct sun or in humid conditions.