User Agreement - Terms & Conditions
This website is owned and operated by Outback Creative Pty Ltd. By visiting our website and accessing the resources, services, products, information and tools we provide, you understand and agree to accept and adhere to the terms and conditions, stated in this User Agreement.
We reserve the right to change this User Agreement from time to time without notice. It is your responsibility to review this User Agreement periodically to keep up to date with any changes or modifications. Your continued use of this site, subsequent to a change/modification, will constitute acknowledgement and agreement of the modified terms and conditions.
Outback Creative currently services and ships within Australia and globally, including (but not limited to) the USA, Europe, UK and Asia. There are some countries we do not have shipping arrangements with, please enquire if you do not live in the 5 continents mentioned.
Orders are shipped daily, as soon as possible. Artworks are shipped direct from our 3rd-party printer agencies (if a ‘print’); and direct from the artists home, if an ‘original’.
Shipping is calculated using flat rates per cost of item, the more expensive the item the more it costs to ship. These flat rates will apply to shipping around Australia. International shipping will start at $100 charged at purchase, the buyer will then be contacted for a further charge or refund depending on cost. International shipping will be handled on a case by case basis.
Shipping anywhere in Australia can take up to 2 weeks; while shipping Internationally varies between 2-6 weeks. Please note that your order will only be shipped once payment and delivery details have been correctly sent by the buyer and approved by an Outback Creative administrator. Please make sure to double check your billing and shipping address when placing an order. Once order has been sent we are unable to reroute packages, due to a change of mind or mistake in shipping information. This is not our financial or admin responsibility to fix, the responsibility lies with the buyer.
Prices displayed on the website are GST inclusive. Payments are made to, and invoices are from: ACN 621 985 948; an Australian company; registered for GST.
All prices shown on the Outback Creative Website or our social media platforms are in Australian Dollars (AUD). Prices of artworks shown on our resources are set by our artists, subject to their view of their market worth and not interfered in anyway by Outback Creative administration.
PURCHASING AN ARTWORK
Upon purchasing a product from our website you must have read the artwork description and additional information in the ‘add to cart section’ and the artist buyer information to understand the weight and size of the product you have bought. Not reading this information, will not be grounds for returns or refunds in any case, the buyer must make sure that they are comfortable with the artwork before purchasing.
RETURNS / REFUNDS POLICY
We will only exchange or refund goods if there has been a mistake made by us in the order process, or the product is faulty or damaged in the production or shipping process. Buy with confidence, once your painting arrives at your home we allow seven days for you to return if you don’t like what you see, with a full refund of the price, the shipping is also free. The seven days will commence once tracking has established that artwork has reached destination.
In the unlikely event you have received an item that is faulty or damaged please contact us within 7 days of receiving and we will organise another print for you. If a replacement is unavailable, in the case of an original artwork for example, you may choose another suitable item of same value, or receive your money back on that order. In such cases of fault or damage, the client will also be reimbursed for return shipping charges. Any artwork that is returned due to faults or damage must be returned, in the original packaging.
Please note that some items will appear slightly different in colour and contrast on your digital screen, due to art digitisations processes or digital displays. We cannot ensure that the item is 100% the same as it appears on your screen as its presented in real life.
RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing the all of the resources (information, tools, products, services), you agree to use these resources only for the purposes intended by the company and as permitted by the terms and conditions of this User Agreement, as well as the applicable laws, regulations and widely accepted online practices or guidelines.
By agreeing to this, you understand that:
In order to access our resources, you may be required to provide certain personally identifiable information (such as identification, contact details, credit card details, etc.) as part of the payment process, subscription process, or as part of your ability to use the resources. You agree that any information you provide will always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any information associated with payment of any account or subscription to our service. Our resources are protected by stringent security systems that allow you to safely and confidentially submit such personally identifiable information, and we do not spread such information outside the company ‘walls’.
Accessing (or attempting to access) any of our resources by any means other than through the means we provide, such as through any automate, unethical or unconventional means, is strictly prohibited.
Engaging in any activity that disrupts or restricts our resources, including the
servers and/or systems our resources are connected to and operate through, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited. The company’s trademarks and intellectual property are highly unique to the company and protected by copyright and infringement laws.
You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorised activities conducted by you; which may incur criminal or civil liability.
We may provide various open communication tools on our website, such as blogs, service ratings and review sections, as well as our various linked social media platforms. We expect that you understand that we do not pre-screen or monitor the content posted by users of these various communication tools. This means that if you choose to submit any type of content to these tools, it is your agreement to submit content in a responsible, legal and ethical manner.
Any content that is deemed to not fit some responsible, legal and ethical criteria; can be removed by the administration of Outback Creative, if we feel in our judgement it does not comply with the spirit of the user agreement. We cannot, however interfere or remove content on our service ratings and review sections; we request that any negative feedback or ratings, be delivered in a polite and constructive manner or submitted privately to the company administration.
LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we
provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) The use of our resources will meet your needs or requirements.
ii) The use of our resources will be uninterrupted, timely, secure or free from errors.
iii) The information obtained by using our resources will be accurate or reliable, and
iv) Any defects in the operation or functionality of any resources we provide will be repaired or corrected.
v) Any content downloaded or otherwise obtained through the use of our resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) No information or advice, whether expressed, implied, oral or written, obtained by you from Outback Creative Pty Ltd or through any resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you understand that the only claim that can be made against Outback Creative Pty Ltd is for the amount you have paid, if any, for use of products and/or services. Outback Creative Pty Ltd will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our web services, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
COPYRIGHT / TRADEMARK
All content and materials available on the Outback Creative Pty Ltd website, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Outback Creative Pty Ltd or artists we represent by offering their artworks for sale, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorised by Outback Creative Pty Ltd. Copyright with regards to visual art remains with the creator/artist for the length of their lifetime and then is passed on to a beneficiary, outlined in the creator/artists will.
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website resources and other platforms, with or without notice and for any reason, that is in breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the resources we provide will immediately cease, and we reserve the right to remove, delete and block you from our resources.
This website is controlled by Outback Creative Pty Ltd and can be accessed by most countries worldwide. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of
Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
CONTACT & ACKNOWLEDGEMENT
If you have any questions or concerns about our service or the terms and conditions outlined above, you can contact us at:
Phone: 0424 402 511