Terms of sale

NATIVE LANDSCAPE DISPLAYS - TERMS AND CONDITIONS OF SALE

These terms and conditions create a contract for and apply to the sale and purchase of photographic and/or design Works via this Website. By Placing an Order You confirm Your acceptance of these terms and conditions.

1) This document is a contract

If You accept these terms and conditions, submit an Order and make full payment of the Price, this document forms a contract between You and Daniel Schweitzer, trading as Native Landscape Displays (ABN 78 226 010 463) (“We”, “Us”, “Our”)

2) Some important expressions defined

In these terms and conditions, the following expressions have the following respective meanings:

“Image” means the photograph, design or other image from which a Work is printed.
“Intellectual Property” means copyright throughout the world and all other intellectual property rights throughout the world.
“Order” means the order You submit to Us for one or more Works.
“Order Confirmation” means a communication from Us to You confirming Your Order and the Price payable by You.
“Price” means the sum payable to Us in Australian dollars as set out in Our Order Confirmation and includes delivery costs and GST.
“We”, “Us”, “Our” and cognate words means Daniel Schweitzer trading as Native Landscape Displays (ABN 78 226 010 463) of 73 Ravensbourne Circuit, Dural NSW 2158.
“Website” means this website (at: https://nativelandscapedisplays.com.au), as amended from time to time.
“Work” means a framed or un-framed, printed Image or design, selected by You from the portfolio of Images displayed and offered for sale on this Website, or designed by Us, from time to time.
“You”, “Your” and cognate expressions means you, the purchaser of a Work.

3) Application of these terms and conditions; variation

(a) These terms and conditions apply to Your purchase of a Work from Us. No other terms and conditions apply, save only those that may be implied by statute and that We may not exclude from application.

(b) These terms and conditions may be varied from time to time without notice. It is Your responsibility to check these terms and conditions with each purchase of a Work.

4) Orders and Order Confirmations; variation and cancellation

a) Your Order must be submitted to Us by using the facility made available on this Website. Each Order must clearly and correctly:

(i) identify You by name;

(ii) provide a contact phone number by which We can contact You;

(iii) specify the address to which the Work is or Works are to be delivered;

(iv) identify the Image(s) that You wish to purchase as Works;

(v) identify the print size for each Work You wish to purchase;

(vi) identify whether the Work is to be in colour or grey-scale;

(vii) identify the print medium for each Work You wish to purchase (ie, whether on canvas or photographic print-paper); and

(viii) identify the framing that You wish for the Work.

b) If You submit an Order, You warrant that You are over the age of 18 years.
c) If We are satisfied that Your Order is clear, that We have the information We need to fulfil it and that payment has been made in full, We will send You an Order Confirmation and Our invoice (showing a nil balance owing).

5) Delivery and delivery timing

a) We will arrange delivery of the Work(s) to You, within Australia only by Australia Post (registered post) or, if the Work is larger than the maximum size allowed by Australia Post, by courier. Our Order Confirmation will set out the delivery costs that is included in the Price.
b) We cannot process Your Order If You require delivery outside Australia.
c) Delivery will ordinarily occur within 14 days of Your payment of the Price, but You agree that this is an estimate only and that We make no promise as to the delivery date, as this will vary depending on printing and postal delays, which are beyond Our control.

6) Manufacture and supply

You acknowledge and agree that We engage third parties as independent contractors to manufacture and supply, in whole or in part, each Work.

7) Quality of Works

While We have made reasonable endeavours to display Images on this Website accurately, You acknowledge and agree that:

a) We do not warrant that the Image, when printed, will appear exactly as shown on this Website. The appearance of an Image on Our Website may vary with different browser software, different monitor and screen hardware and their relevant settings. You acknowledge and agree that there may be variations in appearance of the Work when printed;
b) variations will occur depending on the dimensions of the print size chosen. Not all print sizes are exactly proportionate to the original Image as displayed on this Website as paper sizes ordered may not match camera formats; and
c) You acknowledge that care is needed in handling each Work as there is a risk that you may scratch the Work or transfer finger marks to it or otherwise damage to the Work. We are not responsible for damage caused to the Work after delivery.

8) Damage in transit - replacement

We inspect all Works after printing and framing and before delivery to You. If You consider that a Work is damaged during delivery and would like it to be replaced:

a) so that We can verify the damage, You must send Us a photograph of the Work, showing the damage, to nativelandscapedisplays@outlook.com;
b) If We, acting reasonably, agree that the Work was damaged in delivery, We will notify You by email;
c) You must re-pack the Work (so that it can be safely transported to Us) and arrange (and pay for) its return to Us at 73 Ravensbourne Circuit, Dural NSW 2158;
d) We will send You a replacement of the Work as soon as practicable, allowing for re-reprinting, re-framing (if applicable) and re-delivery.

9) Change of mind - refund

If, upon receiving a Work, You are not satisfied for any reason, We will refund the Price, less delivery costs to You, provided that You:

a) notify Us in writing by email to nativelandscapedisplays@outlook.com, providing particulars of Your Order, within seven (7) days of delivery; and
b) return the Work at Your cost (repacked so as to ensure that it is not damaged in transit) to Us un-damaged, within fourteen (14) days of delivery.

10) Use of products - health and safety

a) We do not accept returns or offer refund for organic or hygiene products such as products purchased from Our sensory experience collection due to health safety requirements and standards.

b) It is Your responsibility to read and acknowledge any warnings or instructions related to any product supplied by Us, as may be noted on this website and/or supplied with the product, in packaging or on the product label and to ensure safe and correct use of any product supplied to You.

c) We accept no responsibility for misuse, risk or harm caused due to improper use or by ingredients found in any product supplied to You due to negligence or unforeseen circumstance. You expressly agree that Your use of, or inability to use a product or service supplied by Us is at your sole risk and in no case are We liable for any injury, loss, claim or any direct, indirect, incidental, or consequential damages of any kind.

11) Price, payment and invoice

The Price quoted in the shopping cart check-out is the Price payable by You. The Price must be paid in full by such means as this Website permits and/or facilitates, before We will process Your Order. The Price includes GST and all delivery costs, which will be itemised in Our Order Confirmation and invoice. We will send you a tax invoice when You pay the Price in full, confirming that payment has been received.

12) Intellectual Property

You acknowledge and agree that:

a) Subject to paragraph (f) of this clause, We remain the owner of all Intellectual Property in all Images and Works and the sale of a Work to You does not include or imply a transfer of any Intellectual Property in that Image or Work to You;
b) We may sell or supply other copies of an Image or Work to other persons as We see fit. In the case of a limited edition of a Work, We will only sell that number of copies of the Work as may be noted on this Website;
c) You must not copy, reproduce, re-publish (including in any on-line or digital manner), license or distribute an Image or any content or part of this Website for any purpose, including but not limited to commercial gain;
d) Works are supplied to You for Your use only. You may display a Work in domestic premises or internally within commercial premises but You must not display a Work in a public place. You must not republish a Work in any way (including in any on-line or digital manner) or on-sell or on-license reproductions of any Work for any purpose, included but not limited to commercial gain;
e) You must not obscure or erase any copyright notice, trade mark, signature or any reference to Daniel Schweitzer or Native Landscape Displays from a Work; and
f) If You submit an image to Us for editing or other manipulation, the Intellectual Property in that original image remains the property of its owner and paragraphs (b)-(e) inclusive of this clause do not apply.

13) Limitation of Our liability

a) This clause does not purport to limit or exclude Our liability for Our failure to comply with any consumer guarantee or terms that may be imposed or implied by statute, including by the Australian Consumer Law.
b) Subject to paragraph (a), Our liability to You under this contract, for negligence and any other tort is limited to paying You a sum equivalent to the Price.

14) Applicable law

This contract is formed and is to be interpreted and enforced under the laws of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that place.

15) Severability

Each provision of this contract is severable and if void or unenforceable, a provision is to be severed from this contract and the remaining provisions remain in full force and effect.