Terms of Use
This website located at www.tiffanierundle.com (Website) is owned and operated by Tiffanie Rundle (ABN 35 205 974 952) (Artist/Seller/we/us/our).
The Website enables users of the Website (Buyer/you) to purchase original artworks, prints (limited/open edition) of original artworks, and other products available on the Website (Products) and certain services, including without limitation art classes or sessions hosted by the Artist (Services).
By using the Website, you are deemed to have read and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must leave the Website immediately. We reserve the right, at our sole discretion, to amend, add or remove portions of these Terms of Use (including replacing these Terms of Use with entirely new Terms of Use) at any time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Website following such amendments being placed on the Website represents an agreement by you to be bound by the Terms of Use as amended.
The Website is hosted on SquareSpace. SquareSpace provides us with the online e-commerce platform that enables us to sell Products and Services to you.
1. Sale
1.1 Sales will be accepted from anywhere in the world subject to clauses 1.2 and 4.3.
1.2 The Artist retains the right at all times to:
1.2.1 determine what Product or Service is suitable or not suitable for sale on the Website; and
1.2.2 refuse service to anyone at any time and at its absolute discretion.
2. Sessions
2.1 The Artist reserves the right to cancel or reschedule a art classes or sessions hosted by the Artist (Session) due to unforeseen circumstances. In such cases, the Buyer will be offered an alternative date or a full refund of any payments made.
2.2 If you need to cancel your enrolment in a Session, please notify the Artist as soon as possible. Refunds will be provided according to the following schedule:
2.2.1 More than 24 hours before the class: Full refund.
2.2.2 Less than 24 hours before the class: No refund will be provided.
3. Pricing
3.1 All pricing for Products and Services is determined and set by the Seller.
3.2 Prices for Products and Services are subject to change without notice.
3.2.1 All prices shown are in Australian Dollars.
3.2.2 Prices for artworks and prints do not include framing unless expressly agreed otherwise.
3.2.3 Where you purchase a Product from outside Australia, you acknowledge and agree that you are considered the sole importer and must comply with all laws and regulations, including any import duties and/or taxes of the country in which you are receiving the Products. We are not responsible for any additional charges you may receive.
4. Shipping
4.1 For orders within Australia our shipping costs are a $10.00 flat rate.
4.2 Subject to clause 4.3, for international orders our shipping costs are a $30.00 flat rate.
4.3 Should the delivery cost exceed our flat rate, we reserve the right to request an additional delivery charge. In such a case, we would get in touch with you first. In the event that you do not wish to pay the additional delivery charge, we reserve the right to cancel the order at our sole discretion and refund any monies already paid by you in respect of that order.
4.4 If you wish to pick up a purchased Product from the Seller in lieu of paying a delivery fee, please contact the Seller using the contact details in clause 17.
5. Returns
5.1 The Product, and any damage or loss thereto, shall be at the Buyer’s risk from the time of delivery of the Product to the Buyer.
5.2 If your Product is damaged in transit, we are happy to offer a full refund or credit towards another Product. We need to be notified within 7 days of your order being delivered with photographic evidence of the damage, and you must ship the damaged Product to us within 14 days of your order being delivered.
5.3 We do not offer refunds or replacements if you change your mind about a Product. Any refund or replacement is at the sole discretion of the Seller.
6. Intellectual Property
6.1 As between you and the Artist, the Artist is the owner of all copyright, patents, trade marks and other intellectual property and moral rights in the Products and all text, graphics, logos, use interfaces, images, photographs, trade marks, and any other information contained on the Website (collectively, Content). The Artist’s ownership in the intellectual property of the Content is protected by both Australian and international law.
6.2 For the avoidance of doubt, any sale of Products does not transfer, assign or license any intellectual property rights to the Buyer. During the period in which the Art is protected by copyright, the copyright remains with the Artist. The Artist reserves the right to reproduce the Art for promotional and commercial purposes (including, without limitation, by commercialising prints of an original artwork purchased by the Buyer). The Buyer is purchasing the Art, but not the right to produce copies of the Art nor do any other act restricted by copyright.
7. Licence
The Artist grants you a limited licence to access and make personal use of the Website and the Content (Licence). Any contravention by you of these Terms of Use terminates the Licence immediately. Under no circumstances, without the prior written approval of the Artist, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Website or its Content other than in accordance with the Licence. Using any Content included on the Website other than in accordance with the Licence is strictly prohibited.
8. No Reliance
The Artist has endeavoured to take all reasonable and appropriate care in the preparation of the Content of the Website and the Artist has no reason to believe that any Content or other information contained on the Website is inaccurate. However, the Artist does not warrant the accuracy, adequacy, or completeness of the Content or that such Content is error free, complete or suitable for any particular purpose. The Artist does not undertake to keep the Website updated or monitor any Content uploaded to the Website. The Artist does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of Content or other information contained on the Website including without limitation where such loss or damage is a result of or contributed to by the negligence of the Artist.
9. Indemnity
You agree to fully indemnify the Artist, its related parties or its agents (together, Artist Entities) for any loss or damage it may suffer in in respect of any third party claims against them that may arise out of or in connection with your use of the Website or as a result of your breach of the Licence.
10. Personal Information
Any personal information collected by the Artist will be handled in accordance with applicable privacy laws.
11. Access
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features. We do not accept responsibility for any interference or damage caused to your computer system, data or for any bugs, viruses, trojan horses or other destructive code which may arise in connection with your use of the Website.
12. Maintenance
From time to time, we may perform routine or non-routine maintenance, upgrades, patches, bug fixes, error correction or other changes to the Website (Maintenance). We reserve the right to interrupt the operation of the Website, or any portion of the Website, as necessary to perform Maintenance at any time, without notice.
13. Exclusion of Warranty
To the fullest extent permitted by law, in relation to your access and use of the Website, any condition or warranty either express or which would otherwise be implied by law into these Terms of Use, including any warranties of accuracy, non-infringement and merchantability, is hereby excluded. We do not warrant that your use of the Website will be uninterrupted or error-free or that your use of the Website will provide specific results.
14. Exclusion of Liability
Under no circumstances will any Artist Entity be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, delay, legal costs, lost or inaccurate data, failure of security mechanisms, interruption of business, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Website or in respect of any failure or omission on the part of Artist to comply with its obligations as set out in these Terms of Use in respect of your access and use of the Website.
15. Limitation of Liability
In the event that any limitation or provision contained in these Terms of Use is held to be invalid or unenforceable for any reason and the Artist becomes liable for any loss or damage that would otherwise have been excluded, the Artist’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury is limited to either replacing the Product or $100 (at the Seller’s discretion).
16. General
16.1 Jurisdiction: These terms are governed by the laws of New South Wales and the parties agree to submit to the exclusive jurisdiction of the Court of New South Wales.
16.2 Waiver: If the Artist waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
16.3 Severability: If any of these Terms of Use is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Use and the remaining Terms of Use shall continue in full force.
17. Queries
If you have any queries in regard to these Terms of Use, please don’t hesitate to contact us at tiffanie.rundle@gmail.com.
Last updated: 8 December 2023