The owner and operator is Art & Collectors Pty Ltd (Australian Business Number - 92 650 888 725). By purchasing products from Art & Collectors Pty Ltd, the purchaser ('Customer'), agrees to the following Conditions of Sale:
1. Ordering and Conclusion of Sale
1.1 Upon the Customer confirming its purchase by payment, the Customer agrees to purchase the products for their price including GST and any postage and handling charges as applicable.
1.2 Art & Collectors Pty Ltd will send the products to the Customer as soon as practicable after it receives payment for the products.
1.3 All prices and transactions are denominated in Australian Dollars and include Goods and Service Tax (GST) where applicable
2. Defective Products and Returns Policy
2.1 If the Customer purchases a defective product from Art & Collectors Pty Ltd, the Customer must notify Art & Collectors Pty Ltd within 24 hours of receiving the product that the product is defective.
a) Defective defined as in condition that is beyond any reasonable wear and tear of secondary items; not stated in description; in need of repair due to damage not mentioned in description.
b) If you believe the item is defective from transport, please read section 7. Passing risk of ownership.
2.2 The customer must return the product to Art & Collectors Pty Ltd within 14 days of receiving the product, with a copy of the invoice for the product and a brief letter which includes the Customer’s details and identifies the defect in the product.
Please Note: All Shipping return costs are to the customer. Art & Collectors Pty Ltd holds no responsibility in the payment of return shipping.
2.3 If the customer considers the product to be defective, the customer must:
a) Must notify Art & Collectors Pty Ltd within 24 hours of receiving the product that the product is defective.
b) The Customer must return the product to Art & Collectors Pty Ltd within 14 days of receiving the product, with a copy of the invoice for the product and a brief letter which includes the Customer’s details and identifies the defect in the product.
c) Photograph the item as described in clause 2.9 a)
d) All Shipping return costs are to the customer. Art & Collectors Pty Ltd holds no responsibility in the payment of return shipping.
2.4 If the product is defective, Art & Collectors Pty Ltd will in its discretion, either:
a) Replace the product; or
b) Provide a refund of the price of the defective product to the Customer.
2.5 Art & Collectors Pty Ltd will not accept any liability for any defective products which the Customer does not return in accordance with clause.
2.6 In no case shall the maximum liability of Art & Collectors Pty Ltd exceed the price of the product in respect of which a claim is made.
2.7 In the case of an item being damaged during transit Art & Collectors Pty Ltd holds no responsibility.
2.8 It is Art & Collectors Pty Ltd policy that damage to any item is proven with photographic documentation. All complaints of damage without photographic evidence will not be pursued by Art & Collectors Pty Ltd.
2.9 Art & Collectors Pty Ltd requires minimum of three photographs to be supplied by the client within 12 hours of receiving the damaged product. All photographs and complaints must be submitted in writing. Art & Collectors Pty Ltd holds no responsibility if the customer does not comply with the above requests.
2.9 a) Photographs Required:
1. One photograph with work of art completely framed.
2. Two photographs with clear detail of the damaged area. (close up and further away)
3.1 Art & Collectors Pty Ltd holds no financial cost/s to the customer for the damaged product, if the product has been signed for by the customer to the carrier.
3.2 Once the item has left Art & Collectors Pty Ltd premises it is deemed the customers responsibility and any loss, theft or damage will be at the cost to the customer or carrier.
3.3 The companies advised for shipping are recommendations only and are independent of Art & Collectors Pty Ltd. Art & Collectors Pty Ltd will not be responsible or liable for any loss, damage or negligence that may occur while using these third party services.
3.4 Storage: All items must be paid for and collected within the collection times advertised for each sale. If items are not collected within this time-frame, Art & Collectors Pty Ltd reserves the right to charge removal and storage fees.
3.5 Art & Collectors Pty Ltd does not ship with glass. If you wish your item to be shipped with glass you must request in writing to Art & Collectors Pty Ltd prior to shipment. Art & Collectors Pty Ltd does not reimburse the Customer for the cost of glass replacement once item has been purchased.
Please note: Art & Collectors Pty Ltd does not take responsibility for breakage if you elect glass to be shipped with your item.
3.6 Art & Collectors Pty Ltd will not release works of art off the gallery premises to third party carriers without written approval or signature from the owner of the work of art.
3.7 Works of art that require insurance by default need to be packed by the shipping agent eg. Pack & Send or International Art Services.
4. Shipping within Australia
Four options for delivery are available for your convenience:
Registered Australia Post - Item value under $5000 with size restrictions
Courier - Item value under $2000 with glass restrictions (no glass)
Fine Art Courier - item value over $2000 - no restrictions
Fine Art Courier - item value over $5000 - ATFA will offer two quotes include breakdown of insurance in writing. Client to agree to quote via email/writing only.
- Alternatively owner can handle shipping arrangements and pick up independently from ATFA.
5. International Shipping
Import Duties and Customs Fees
Please be informed that for any purchases involving international shipping, there may be additional export, import, and customs duties imposed by the destination country. As the buyer, it is essential to understand and acknowledge your responsibility for these fees.
International customs regulations and import duties can vary significantly, depending on the policies of the destination country. Unfortunately, shipping providers are unable to calculate or include these fees in the initial shipping charges. Consequently, any such charges are the responsibility of the receiver, as they are imposed by the customs authorities in the destination country.
At Art & Collectors we are committed to providing clarity in all our services. As such, we strongly advise our customers to familiarize themselves with the import regulations and potential fees of their respective countries before placing an order for international shipping. If you have any questions or require further information about customs procedures and fees, our customer support team is readily available to assist you.
6.1 We endeavour to meet the delivery times indicated at the time of order. However, we are dependent on third-party freight and can therefore not guarantee the delivery times indicated. We will notify you by email of any factors which may significantly delay delivery. Art & Collectors Pty Ltd will not be responsible for any losses, direct or consequential, resulting from delays in the delivery of goods or the cancellation of orders.
6.2 Delivery is deemed to have been made, and title and risk is transferred to you, when Art & Collectors Pty Ltd delivers the products to the Australian Post. Art & Collectors Pty Ltd recommends to use the tracking option for your item. This ensures peace of mind for both parties.
6.3 Posting works of art with glass: Please note Australia Post does not take responsibility for breakage of glass in an insurance claim. The glass can be removed from the frame free of charge, upon request. During packing the glass is secured by masking tape, protected by thick board and cushioned with multiple layers of bubble wrap. A condition of purchase is that buyer takes full responsibility.
7. Products sent to incorrect address
7.1 If the Customer does not receive products it has purchased within 40 days of the date of purchase Art & Collectors Pty Ltd shall not be liable to the Customer for those products unless the Customer notifies Art & Collectors Pty Ltd within 40 days of the date of purchase.
7.2 If a product is not received by a Customer because it was sent by Art & Collectors Pty Ltd to an incorrect address due to an error by Art & Collectors Pty Ltd then Art & Collectors Pty Ltd shall be responsible for the resending or replacement of the product or refunding of the price of the product.
7.3 If a product is not received by the Customer because the Customer provided an incorrect or insufficient address, then:
a) Subject to clause, if the product is returned to Art & Collectors Pty Ltd, Art & Collectors Pty Ltd will resend the product to the Customer provided that the Customer first pays the cost of postage and handling for resending;
b) If the product is not returned to Art & Collectors Pty Ltd, then Art & Collectors Pty Ltd shall have no further responsibility.
8. Limited Warranty of Authorship
8.1 If a buyer is able to establish that an item is a forgery in accordance with these conditions for sale within 30 days of the date of sale, the buyer shall be entitled to rescind the sale and obtain a refund of the sale price from the vendor. The buyer must return the item in the state in which it was sold within fourteen days of notifying Art & Collectors Pty Ltd of the forgery allegations.
8.2 For an item to be established as a forgery, the following conditions must be satisfied:
a) The buyer must supply and finance, two independent expert testimonies attesting to the forgery, one of which must be a Commonwealth Registered Valuer. Art & Collectors Pty Ltd is entitled to request further expert evidence where it deems the evidence provided to be unsatisfactory;
b) There must be no conflict of opinion among accepted experts in the field;
8.3 The limited warranty and the right to rescind the sale is not assignable and the buyer must have retained title to the item without disposing of any interest in it up until the buyer notifies Art & Collectors Pty Ltd of the forgery allegations. The buyer acknowledges that it has no rights directly against Art & Collectors Pty Ltd if an item is established to be a forgery. The buyer is required to supply and finance all expert testimonies upon claiming forgery.
9.1 If the Customer pays for a product which Art & Collectors Pty Ltd cannot supply Art & Collectors Pty Ltd will refund the price of that product to the Customer.
9.2 Prices, offers and stock availability may vary between artandcollectors.com and Art & Collectors Pty Ltd showroom.
10. Unclaimed Products
10.1 If products which the Customer has purchased are returned to Art & Collectors Pty Ltd by a third party carrier other than the Customer and Art & Collectors Pty Ltd cannot, despite reasonable efforts, contact the Customer or the Customer does not contact Art & Collectors Pty Ltd within 3 months of products being returned to Art & Collectors Pty Ltd then ownership of the products will revert to Art & Collectors Pty Ltd.
11. Passing of risk and ownership
11.1 Subject to clauses 2, 4, 5, 6, 7, Art & Collectors Pty Ltd does not accept any liability for products after it has sent the products to the carrier or customer.
11.2 Subject to clause 7, ownership of products purchased by the Customer shall pass to the Customer upon Art & Collectors Pty Ltd sending the products to the Customer.
11.3 Art & Collectors Pty Ltd is the art market professional acting as agent and title passes directly from the seller to the purchaser. Total invoiced price includes professional art consulting fees and any applicable resale royalties.
12. Limitation of liability
12.1 Art & Collectors Pty Ltd shall not be liable to the Customer for refunding the price of products or replacing or exchanging products which the Customer purchases through Art & Collectors Pty Ltd other than as set out in these conditions.
12.2 Art & Collectors Pty Ltd shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services which the Customer purchases through Art & Collectors Pty Ltd, even if Art & Collectors Pty Ltd has been advised of the possibility of such damages.
13. Governing law and jurisdiction
These terms and conditions are governed by, take effect and will be construed in accordance with the laws of Victoria and the Customer irrevocably and unconditionally agrees to submit to the exclusive jurisdiction of the courts in Victoria and courts entitled to hear appeals therefrom.
14. Lay-by Terms
14.1 A minimum deposit of 20% of the items selling price is required for lay-by. Final balance is due on the date stated on the invoice. Failure to pay final balance by due date may result in cancellation of lay-by and incur an administration fee of $350. After final balance due date Art & Collectors Pty Ltd reserve the right to re-offer the work of art for sale.
14.2 Lay-by terms are in accordance with Consumer Affairs Victoria guidelines.
15. Acceptance of Agreement
15. 1 You agree to the conditions outlined in this Conditions of Sale. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Sale and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the website, and you should review this Agreement prior to purchase.