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These Terms and Conditions (“Terms”), as may be amended from time to time, apply to all Our Goods and Services directly or indirectly (through distributors) made available in-store or online, through any mobile (tablet) device, by email, by telephone or third party sites (retailers). Please read these Terms and Conditions of use carefully before accessing, using or obtaining any of Our Goods or Services.

 

By accessing, the Kirsty Watkins website, mobile or tablet application, or any other feature, or other platforms including Our social media sites, or third-party distributors (collectively "Our Website") You agree to be bound by these Terms and Conditions ("Terms") and Our Privacy Policy. If You do not accept all of these Terms, then You may not use Our Website, Goods or Services. In these Terms, "we", "us", "our" or “artist” refers to Kirsty Watkins, and "you", "your", “customer” or “end-user” refers to You as the user and consumer of Our Website, Goods and Services.

Contact Us.

 

If you have any questions about these Terms and Conditions, please feel free to contact us at kirsty@kirstywatkins.com

 

1. Copyright

 

All copyright, trademarks, design rights, and patents (registered and unregistered) in and on Our Website belong to Us and are protected by The Australian Copyright Act. Nothing in the Terms grants you a right or license to use any trademark, design right or copyright owned or controlled by Us except where written permissions have been granted by Us.

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2. Intellectual Property

 

We own all of the text, images, trademarks, service marks or other material contained on Our Website. Other non-Kirsty Watkins product, service, or company designations on Our Website belong to those respective third parties and may be mentioned on Our Website for identification purposes only.

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3. Use of Website

 

You must not use Our Website in any way that causes, or may cause, damage to Our Website or impairment of the availability or accessibility of Our Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

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You must not:

 

a) republish material from Our Website (including republication on another website, without prior consent);

 

b) sell, rent or sub-license material from Our Website;

 

c) show any material from Our Website in public (without expressed written consent from us); reproduce, duplicate, copy or otherwise exploit any material on Our Website for a commercial or personal purpose; edit or otherwise modify any material on Our Website; or redistribute material from Our Website.

 

Our Website may contain links to other websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience and do not adopt or endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from Your use of them.

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4. Terms of Purchase

 

If you wish to purchase any Goods or Services made available by Kirsty Watkins then, You agree to be bound by these Terms set out below and elsewhere in this Document. Please note all colours of Goods are reproduced as accurately as possible, however, a slight variation may occur between Our Website due to computer picture resolution and individual monitor settings on your computer screen, mobile device or tablet. If you are unsure please feel free to email Us and we can arrange for samples to be shipped to you, which can be purchased at your expense. Unfortunately, items cannot be returned because of a variation of colours from website images to real life. All images used on Our Website are for illustration purposes only and are not necessarily shown to scale, nor are prop items included with the purchase.

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5. Price

 

Prices are determined at the time of order, are not subject to GST and are priced in Australian dollars. Price may be subject to change at any time without notice.

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6. Payment

 

Payments are to be made to Us without any deduction or discount other than as stated in these Terms, or in the relevant invoice or statement.

 

All Goods and Services are to be paid in full prior to You taking legal ownership of Goods or Services.

 

The exception (to the clause above) is commissioned goods, where a deposit of 50% of the invoice price must be paid at the time of placing the order. The invoice balance must be paid within (5) five days of being notified of the availability of the Goods or Service before the Customer can take legal ownership of the Goods or Services.

 

Payment Options: Kirsty Watkins accepts all major credit cards, including purchases made through Paypal and direct bank deposit.

 

Kirsty Watkins does not accept payments in the form of Cheques

 

Gift Vouchers are valid for (12) twelve months from the date of issue.

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7. Delivery

 

If the Customer fails to collect the Goods or accept a delivery within (21) twenty-one days of being notified of their availability, We may terminate this contract, keep the deposit and resell the Goods. In addition, We reserve the right to charge the Customer storage on goods not collected or delivered within (5) five days of notification of their availability at the rate of $35.00 per week or part thereof.

 

The Customer must, at its own expense, insure uncollected Goods stored by Us against theft, fire, water and other risks until title in the Goods has been passed to the Customer.

 

The Goods during shipping are the responsibility of the Customer from the moment of dispatch to point of collection. Please Contact Us if you wish to insure the shipment of your product. Shipping cost will be determined

 

If possible, please provide an address where someone will be able to receive the Goods during business hours on weekdays. (i.e. your work address). 

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Shipping cost for Original Artworks must be quoted. Please contact Kirsty Watkins prior to purchasing an 'Original Artwork'.

 

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8. Return Shipping

 

The cost of return shipping is at the Customers expense. Return shipping must be prepaid, insured, and by a traceable method to ensure safe and documented delivery.

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9. Inspection

 

Unless the Customer has inspected the Goods and given written notice to Us within (2) two days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition. Please check the packaging of all Goods delivered by the courier before signing for them for signs of tamper and damage.

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10. Cancellations

 

No order may be cancelled, modified or deferred without prior written consent from Us (which is at Our sole discretion). If such consent is given, it is at our election, subject to us being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods). Please choose carefully as no refund will be given for change of mind.

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11. Warranty

 

All goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.

 

On discovery of any defect in the Goods, the Customer must immediately notify Us in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of Us to do so.

 

We are not subject to, and the Customer releases Us from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods when being used in a manner to which they were not intended. The Customer acknowledges that We are not: (a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and (b) liable for any claim, damage or demand resulting from such non-compliance.

 

We do not provide refunds unless the Goods are damaged, excluding any damage that has been caused by normal wear and tear as determined by Us.

 

If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between Us and the Customer then, to the extent to which We are entitled to do so, Our liability under the statutory provisions is limited, at Our option, to (a) replacement or repair of the Goods or the supply of equivalent Goods; or (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, We will not be liable for any consequential loss or damage or other direct or indirect loss or damage.

 

These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974.

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12. Force Majeure

 

We are not liable for any breach of contract due to any matter or thing beyond Our control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident).

13. Waiver of Breach

 

No failure by Us to insist on strict performance of any of these Terms is a waiver of any right or remedy which We may have and is not a waiver of any subsequent breach or default by the Customer.

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14. Severability

 

If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

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15. Governing Law

 

These Terms and the Contract shall be governed by the law of Western Australia and the parties submit to the courts of Western Australia in respect of any dispute arising.

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16. End User Agreement

 

All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. The purchase of any Goods from Us to you the End User, does not waiver Our copyright and ownership rights, and You are strictly forbidden to reproduce in part or whole any Goods (for commercial purposes or otherwise) that You have purchased from Us.