B A Y
CONTEMPORARY ARTIST
Terms & Conditions
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Print Ordering:
1.1 All print orders are accepted subject to these terms.
1.2 If you place a print order with us you will be deemed to have agreed to the following terms which we consider to be fair and reasonable. -
Our Guarantee:
2.1 Should we supply you with goods that are, due to error or omission on our part, unfit for purpose or that we agree are of a substandard quality, then we will reprint the order and re-supply at our expense on return of all of the disputed goods. Should we feel unable to do this, then we reserve the right to refund any money you have paid and declare the contract null and void without penalty.
2.2 Return of goods shall be at your expense. -
Ordering:
3.1 We do not consider any communication between us to constitute an order until the required payment has been received. -
Colour:
4.1 Colour rendition will vary depending on the paper stock used. Slight colour variation throughout a print run is to be expected.
4.2 Final print colours may vary slightly from how they appear on digital displays due to differences in screen colour calibration. We will always endeavour to provide the highest quality possible. -
Complaints and Reprints:
5.1 We may refuse to reprint a job for free if you change the specification or artwork. In other words, we will only offer a free reprint in order to correct our errors – not yours. -
Limited Liability:
6.1 Although we strive to ensure the accuracy of the information on this Website, we do not guarantee its completeness or accuracy. Additionally, we do not undertake to maintain the availability of the Website or to keep its content up-to-date.
6.2 Within the limits permitted by applicable law, we disclaim all representations, warranties, and conditions regarding the Website and any services provided by us.
6.3 We are not responsible for any indirect or consequential losses or damages, whether arising from tort, contract, or otherwise. This includes but is not limited to loss of profits, contracts, business, goodwill, data, income, revenue, or anticipated savings.
6.4 These terms and conditions do not exclude or limit our liability for fraud, death, or personal injury caused by our negligence, or for any other liability that cannot be excluded or limited under applicable law.
6.5 Except for defects in goods resulting in death, injury, or damage to personal property, our liability for any loss or damage suffered by you concerning the goods shall be limited to the contract value of the goods or services provided.
6.6 We cannot be held responsible for loss or damage resulting from the supply of goods under this contract unless you have fully complied with the notification procedure for claims.
6.7 By ordering printed material, you agree to indemnify us and hold us and our employees harmless from any claims, demands, liabilities, or legal proceedings arising from any breach of third-party rights, including but not limited to copyrights, in the printed material ordered. You also agree to reimburse us for any costs, expenses, and fees, including legal fees, incurred in connection with such claims. -
Your Right to Cancel:
7.1 You can of course cancel any order you place with us at any time. However, once we have incurred expense we reserve the right to invoice this amount and deduct these costs from any refund made. -
Invoice:
8.1 We will supply an invoice for work that has been completed. Bay Contemporary Art is not registered for GST or VAT. -
Payment:
9.1 Our terms are payment with order unless we have specifically agreed otherwise in writing.
9.2 We will pursue all instances of non-payment for the full amount invoiced plus any costs incurred in collection.
9.3 We won’t invoice or ultimately require payment for work that hasn’t been done or costs that haven’t been incurred – see “Your Right to Cancel” above. -
Confidentiality:
10.1 We will never intentionally divulge any information you give us to any third party except when we need to do so to conduct our own business, or when we are required to do so by a legitimate authority. Though we take reasonable care to protect your information, you should not consider any of our systems to be secure.
10.2 We do not store your payment details, and automated online payments are taken through a payment portal. -
Delivery Dates and Times:
11.1 Unforeseen problems can occur at any time during the production and delivery of your order. For this reason, any delivery date we give you is to be regarded as an estimated target date only.
11.2 The vast bulk of orders is dispatched within 5 working days from the order date.
11.3 Additional processing fees can be paid to prioritise your order however, this does not guarantee delivery. In the event of your goods not being dispatched within the specified time frame, we will refund the additional processing fees.
11.4 Delivery dates are not to be regarded as of the essence of an order.
11.5 We have no control over the time of day when your goods will be delivered and could be at any time between 8.00 am and 6.00 pm. -
Contract:
12.1 Contract between us shall be interpreted in accordance with Australian Law. Since we only accept work based on the terms here stipulated any transaction between us shall be deemed to incorporate the above terms and conditions, which shall take precedence over all other conditions unless we have agreed otherwise in writing. -
Vouchers and Discounts:
13.1 All offer codes are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions. The offer code must be entered into the Voucher Code field on the basket page and applied for the discount to be deducted from the order. Unless stated, discounts cannot be combined, and only one offer can be applied to any order. Items already reduced in price, displaying a ‘Was’ and ‘Now’ price, are also excluded from voucher offers. Offers can be amended or withdrawn at any time.