Website Terms and Conditions
Mbantua Gallery Pty Ltd
In these terms and conditions, “we” “us” and “our” refers to Mbantua Gallery Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Compliance with Terms and Conditions
1. You agree to be bound by these Terms and Conditions when you submit an Order to Mbantua Gallery Pty Ltd using the online Order Form.
Guests and Registered Site Members
2. You may use the services provided on this website either as a guest or as a registered site member.
3. To become a member you must complete registration by providing your name and address, telephone number, a valid email address and nominate a password.
4. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website.
5. We only permit one registration per email address.
6. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
7. Unless otherwise stated, all prices are quoted in Australian Dollars (AUD) and where applicable, are inclusive of Goods and Services Tax (GST) for all sales within Australia. GST does not apply to the purchase of Gift Certificates. We endeavour to ensure that all prices on our website are current.
8. We reserve the right to amend our prices at any time.
9. You may place an Order through the Website by submitting the electronic Order form on the Website.
10. By completing and submitting the electronic Order Form, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.
11. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.
Acceptance or Rejection of Order
12. Mbantua Gallery Pty Ltd reserves the right to accept or reject your Order.
13. In the event that we reject your Order we will notify you of this within five (5) Business Days after the placement of the Order.
14. Where we reject an Order and the payment has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days.
Order Cancellation Due To Error
15. Mbantua Gallery Pty Ltd makes every reasonable effort to ensure that we are presenting accurate information on our website.
16. In the event that a product is listed at an incorrect price or with incorrect description or image due to a typographical error or similar oversight, Mbantua Gallery reserves the right to cancel the transaction whether or not the order has been confirmed and payment made to us.
17. If payment has been made to us we will immediately refund the amount paid by reversal of the initial payment.
Guarantee and Provenance
18. Mbantua Gallery Pty Ltd guarantees that each artwork offered on our website is a genuine and authentic work of art. We provide customers with a profile of the artist for every piece of artwork. This profile records information that Mbantua Gallery has gathered on the artist and general information on the stories that the artist paints. Mbantua Gallery encourages its artists to sign each piece of artwork either with a signature or a cross (some older artists cannot write their name).
19. For original artworks that have a product code beginning with the letters MB, a Mbantua Gallery Certificate of Authenticity and a photo of the artist with their artwork is provided wherever possible. For more information please read here.
20. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
21. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Returns and Refunds
22. The buying of Aboriginal art is a very personal matter. It is important to us that any art you buy from us is something you will enjoy. Though we take every step to ensure the aboriginal art images on our website have the exact likeness to the paintings, we understand it is not always the case and images are not the same as viewing the artwork in person.
23. Mbantua Gallery Pty Ltd will fully refund the cost of the Aboriginal art if within 10 days of receiving it, you decide not to keep it.
24. You must notify us of your intent to return the artwork with 48 hours of receipt. You will only need to pay for the cost of the return freight.
25. The artwork must be returned to us within 10 days of receipt in its original condition and packaging and with any original documentation that has been provided by us.
26. Upon receipt of the artwork we will issue you the refund.
Freight and Shipping
27. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
28. Free Shipping Worldwide applies to all artwork on our website that has been created on canvas and is able to be rolled and placed in a cylinder or tube for shipment.
29. An extra charge applies on all artwork where the ‘stretching/framing’ option is available and has been chosen. This extra charge incorporates a shipping charge within Australia.
30. Shipping charges will apply to countries outside of Australia on all artwork on which the ‘stretching/framing’ option is available and has been chosen.
31. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have accepted your offer to purchase and payment has been received.
32. All products purchased through the Mbantua Gallery website will be insured by us until you have received them.
33. The importation of works of Aboriginal Art into other countries may entail an Import Duty, Tax or Customs Handling Fee. It is the responsibility of the customer buying or receiving the goods to pay any applicable Duty, Tax or Customs fees.
Availability of Goods
34. You acknowledge that from time to time an artwork or product on our website may be unavailable due to unforeseen circumstances. We will endeavour to contact you within 5 Business days to arrange a full refund, replace the artwork with a comparable piece in a similar price range or come to an alternative arrangement.
35. In the case of a full refund, the receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund.
36. We reserve the right to remove any product displayed on our website from sale either temporarily or permanently at any time without notice.
37. You can pay for your Order by any of the methods specified on the electronic Order Form on our website.
38. These terms and conditions are to be governed by and construed in accordance with the laws of the Northern Territory and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in the Northern Territory and you agree to submit to the jurisdiction of those Courts.
39. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
40. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
41. When you visit our website, we give you a limited licence to access and use our information for personal use.
42. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
43. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
44. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Intellectual Property Rights
45. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
46. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Statutory Guarantees and Warranties to Consumers
47. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-
a. Schedule 2 of the C&C Act; and
b. those statutory guarantees, all of which are given by us to you if you are a consumer.
48. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
a. We will repair or replace the goods or any part of them that is defective; or
b. Provide again or rectify any services or part of them that are defective; or
c. Wholly or partly recompense you if they are defective.
49. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
50. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
51. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
52. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
53. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
These Terms and Conditions have been specifically drafted for, and provided to Mbantua Gallery by LawLive Pty Ltd (www.lawlive.com.au).