Terms and Conditions
By purchasing products from The Artist Website debbiemackinnon.com (The Site), the purchaser agrees to the following terms and conditions of sale.
- Warranty: The Artist Debbie Mackinnon ABN: 72 375204531 hereby warrants all artworks are original and created by her, and that all descriptions are accurate.
- Copyright: All artwork is the exclusive property of Debbie Mackinnon, ABN 72 375204531 and is protected by Australian (the Australian Copyright Act 1968) and international copyright and trademark laws.
- Pricing: (1) Prices shown are in Australian dollars. Price for all works on paper include delivery and handling charges. Prices are subject to change. (2) Images of products shown without any advertised price beside that image are offered for sale on request. Please use enquiry form on the site. (3) Unless otherwise stated, any accessories shown in any image of artwork are not included in the price. (4.) We reserve the right to correct any errors published on the website.
- Ordering: On confirmation of their order, the Customer agrees to purchase the products in their ‘shopping cart’ for the price and any postage and handling charges, as applicable. Debbie Mackinnon will send the products to the Customer within 7 business days for stocked items after it receives payment for the products.
- Shipping: The Artist will package & ship artwork (at buyer’s expense) once full payment has been received. Shipping is included in advertised price for works on paper. Works on paper are shipped in a sturdy card postal tube. The purchaser will need to unroll and flatten artwork after delivery, and before framing.
- Stock availability: The Customer shall not be entitled to object if information about artwork on the Site is not correct or not available or if images of products differ from the actual products. If the Customer pays for a product that Debbie Mackinnon cannot supply, Debbie Mackinnon will refund the price of that product to the Customer. Please note that although we do our best to provide high quality images sometimes the colours may vary depending on your computer screen. If you have any questions about artwork, please email us firstname.lastname@example.org
- Products sent to incorrect address: If the Customer does not receive products purchased within 30 days of the date of purchase Debbie Mackinnon shall not be liable to the Customer for those products unless the Customer notifies Debbie Mackinnon within 30 days of the date of purchase. If a product is not received by a Customer because it was sent by Debbie Mackinnon to an incorrect address due to an error by Debbie Mackinnon, then Debbie Mackinnon shall be responsible for the resending or replacement of the product or refunding of the price of the product. If a product is not received by the Customer because the Customer provided an incorrect or insufficient address, then (i) subject to clause 7, if the product is returned to Debbie Mackinnon, she will resend the product to the Customer provided that the Customer first pays the cost of postage and handling for resending; or (ii) if the product is not returned to Debbie Mackinnon, then Debbie Mackinnon shall have no further responsibility.
- Non-claimed products: If products that a Customer has purchased are returned to Debbie Mackinnon by a person other than the Customer and Debbie Mackinnon cannot, despite reasonable efforts, contact the Customer or the Customer does not contact Debbie Mackinnon within 3 months of products being returned, then ownership of the artwork will revert to Debbie Mackinnon.
- Delays: The Customer agrees not to hold Debbie Mackinnon liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
- Passing of risk and ownership Subject to Clause 7, ownership of products purchased by the Customer shall pass to the Customer once Debbie Mackinnon has sent the products to the Customer. Copyright remains with Debbie Mackinnon.
- Returns and Refunds: The Artist will only provide refunds where the artwork received is not as described on The Site. Refunds or returns will not be accepted if the customer decides they do not like the artwork after it has been delivered
- Limitation of liability: Debbie Mackinnon shall not be liable to the Customer for refunding the price of products or replacing or exchanging products that the Customer purchases through Debbie Mackinnon Site, other than as set out in these Terms & Conditions of Sale. Debbie Mackinnon shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase of artwork that the Customer purchases through Debbie Mackinnon. All returns must be received in original condition and shipping and insurance is at the expense of the purchaser.
- Disclaimer and Indemnity: To the extent permitted by law Debbie Mackinnon excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Site including, but not limited to, loss or damage you might suffer as a result of: a) errors, mistakes or inaccuracies on the Site; b) you acting, or failing to act, on any information contained on or referred to on the Site and/or any linked website; c) personal injury or property damage of any kind resulting from your access or use of the Site; d) any unauthorised access to or use of the Site’s secure servers; e) any interruption or cessation of transmission to or from the Site; f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the site by any third party; and/or g) the quality or fitness for any purpose of any linked sites.