Introduction
The use of this Website (www.absonart.com.au and all affiliated sites) is governed by the terms set forth below. Please read them carefully. Your use of this site or your placement of an order to Absonart indicates your acceptance and understanding of these terms. You agree to be bound by and accept these terms as applicable to your purchase of product(s) from absonart.com. These terms are subject to change without prior written notice at any time, in Absonart’s sole discretion.
Making a purchase
Making a purchase could not be easier. Just browse through our site, and click on any items that you wish to buy and put them into the shopping cart, or print out our order form, fill in and post. After you have finished your selection, click on "Checkout" and you will be asked for a few details that we need to be able to satisfy the order. You shall be responsible to Absonart for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by you and for giving Absonart any necessary information relating to the goods within a sufficient time to enable Absonart to perform the contract in accordance with those terms.
Payment Methods
Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method.
Credit Cards—We accept Bankcard® , Visa® and MasterCard®. Please be sure to provide the exact billing address and telephone number that your credit card issuer has on file for you. Incorrect information may cause a delay in processing your order. Money Orders and Bank Cheques — We accept money orders and bank cheques in Australian dollars only. We cannot guarantee the availability of a product by the time funds clear or payment is received. We reserve the right to charge a fee on all returned cheques.
Shipping Charges; Taxes.
Separate charges for shipping and handling will be shown on Absonart invoice(s). You are responsible for sales and all other taxes and duties associated with the order, however designated.
Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your order, to accept or decline your order for any reason. We may need to verify any information you provide before we can accept an order.
Item availability and prices of all products sold at absonart.com site are subject to change without notice. We reserve the right to limit quantities on certain items. (Price changes will not be retroactively applied to any outstanding or completed orders.) All dispatch dates are estimated and are not guaranteed and do not form a term of this agreement. Whilst every endeavour will be made to comply with these dates, Absonart shall have no liability whatsoever for delay in dispatch or delivery, or for any loss occasioned thereby. Late delivery does not entitle you cancel the order.
Risk of Loss.
Risk to product(s) passes from Absonart to You on shipment from Absonart facility. At Absonart's discretion, ownership of the product(s) will not pass from Absonart to you until you have made a payment in full thereof (and any other monies owing to Absonart). If payment is not made in accordance with these terms, Absonart shall have the right (without prejudice to the obligation of you to purchase the Goods, and to any other remedy that may be available to Absonart) to retake possession of Goods not fully paid for.
Warranty and limitations
Absonart warrants to you that for a period of six (6) months from the date the product(s) is dispatched to you and when the piece is properly and reasonably used, the piece will be free of manufacturing defects. Absonart’s sole obligation and liability under this warranty is to use commercially reasonable efforts in investigating and repairing any defects of the piece. At Absonart’s sole discretion, Absonart shall either re-cast or repair the said piece. You shall provide to Absonart reasonably detailed explanation, to substantiate any such defects and to assist Absonart in its efforts to investigate, diagnose and repair the defect. Patinas are a living finish. Patinas will mature and change COLOUR over time, depending upon the environment in which they are placed. Changes to the colour are therefore considered normal. Other than set out in this Condition all warranties, conditions or other terms expressed or implied, statutory or otherwise, are excluded. Subject to the aforesaid the Absonart shall be under no liability in contract or tort for any loss, damage, death or injury arising directly or indirectly out of the supply use or misuse of the Goods, to the Buyer or any third party.
Color Rendition
Absonart have done our best to display as accurately as possible the colours of the products shown on the absonart.com.au Web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Faulty Products
If any products are found to be damaged on delivery or appear to be faulty please contact us immediately before returning anything. We can then provide a return authorization and record the fault, but sometimes identify the problem if you are in any doubt about the product. Goods are to be returned by you and must be sent by a carrier or postal service of sufficient value cover and in sufficient packaging as to protect the product. In transportation this method must also obtain a signature on delivery. Unfortunately we cannot except liability for goods unless or until signed for by authorised personnel of Absonart at our named official address by registered post.
Indemnity
You agree to indemnify, defend and hold harmless Absonart and its Associates from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), alleging or resulting from your use of absonart.com.au in violation or breach of the terms of this Agreement.
These Terms May Change
absonart.com.au reserves the right to update or modify these terms at any time without prior notice. Your use of the absonart.com.au website following any such change constitutes your agreement to follow and be bound by the terms as changed. For this reason, we encourage you to review these terms whenever you use this Web site.
Copyright
All the content included on this web site, including all the text, graphics, photographs, graphs, sounds, data, images, audio and video clips available on this web site ("Content"), is the property of Absonart or its content suppliers and protected by Australian and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all Content available on this web site is the exclusive property of absonart.com.au and protected by Australian and international copyright laws. Copyright 2005 absonart.com.au. ALL RIGHTS RESERVED.
The content of the absonart.com.au web site, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. All the Content available on this web site may only be used by you for your personal shopping and data-gathering resources. You may make copies of selected portions of the Content, provided that such copies are made only for your personal use and only if you maintain any proprietary notices contained in such Content. Any other use, including but not limited to, the reproduction, modification, distribution, transmission, republication, display or performance of the Content for any other purposes is strictly prohibited.
Correction of Errors and Inaccuracies
The information on the absonart.com.au web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). All pictures are for illustration purposes. Please note that such errors, inaccuracies or omissions may relate to product description, product picture, pricing and availability. We apologize for any inconvenience this may cause you.
Trademarks
Absonart and other graphics, logos, and service names used on this web site are trademarks of absonart.com.au. Absonart.com.au trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits absonart.com.au. All other brands and names (including third-party product names) are the property of their respective owners.
Force Majeure
Absonart will not be liable to you or deemed to be in breach of contract because of any delay or non-performance directly or indirectly due to any cause beyond Abonart’s reasonable control including without limitation lack of adequate instructions from you, Governmental regulations or requirements, Acts of God, unavailability of materials, work stoppages, strikes, slowdowns, boycotts or other industrial action and in such case may wholly or partially suspend shipment of Goods.
Credit Card Security
Credit card numbers are not held on this website. A credit card number will be requested only when within the secure (SSL) area of our Payment Service Provider. ]
Privacy Policy
We encourage you to review our Privacy Policy which can be found on our website.
Governing Law
THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNERD BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF QUEENSLAND. EACH PARTY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF QUEENSLAND, AND ANY COURT COMPETENT TO DETERMINE APPEALS FROM THOSES COURTS, WITH RESPECT TO ANY PROCEEDINGS WHICH MAY BE BROUGHT AT ANY TIME RELATING IN ANY WAY TO THIS. BY ACCESSING AND USING THE absonart.com.au WEB SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE absonart.com.au WEB SITE IS SUBJECT TO THESE TERMS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF QUEENSLAND.
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