Terms and Conditions
GEN and TONIC ART - ABN: 58 727 670 930
TERMS AND CONDITIONS FOR PURCHASES ON-LINE
As a vendor’s condition for purchasing products from the “genandtonicart.com” website, the purchaser (customer) agrees to the following terms and conditions of sale.
1. Warranty: “The Artist” Genevieve Byrt of “Gen and Tonic Art” ABN: 58 727 670 930 hereby warrants that she personally created the “Artworks” for sale and that the descriptions are true and accurate.
2. Copyright: in all artwork is the exclusive property of Genevieve Byrt of “Gen and Tonic Art” and is protected by Australian and international copyright and trademark laws.
3. Pricing: (1) Prices shown are in Australian dollars and include GST where applicable.
(2) Prices are subject to change as published and may not include delivery and handling charges. At time of sale the purchaser will be advised of any delivery and handling charges.
(3) Images of products shown without any stated advertised price attached to that image are not offered for sale, and unless otherwise clearly stated, any accessories shown in any image of products are not included in the sale price. Accessories may be purchased separately if so offered on the website.
(4) Except where noted otherwise, the list price displayed for products on the website represents the full retail price listed on the product itself. If despite our best efforts, any of the items in our catalogue are incorrectly priced and we discover same, we will, at our discretion, either contact you for your instructions before shipping or cancel your order and notify you of such cancellation refunding any monies then paid. NOTE: we cannot confirm the price of an item until you place an order.
(5) We reserve the right to correct at any time any errors published on the website.
4. Ordering: Upon the Customer confirming an order, the Customer agrees to purchase the products in their ‘shopping cart’ for the price plus any postage delivery and handling charges, as applicable.
5. Delivery: “Gen and Tonic Art” will after receiving full payment, cause delivery of the products to the Customer within 7-10 business days for stocked items, and 2-4 weeks for custom made items unless otherwise agreed between client and artist.
6. Custom commissioned works: require a 20% deposit on ordering & balance due on completion (prior to shipping). The deposit is non-refundable should the purchaser cancel the order prior to shipping.
7. Shipping: The Artist will package & cause delivery of artwork (at buyer’s expense) once full payment has been received for the purchase price and the delivery and handling shipping cost.
8. Stock availability:
The Customer shall not be entitled to object if information about products on the Site is not correct or if advertised products are not available or if images of products differ from the actual products. If the Customer pays for a product that “Gen and Tonic Art” cannot supply, we will refund the price paid for that product to the Customer. NOTE: 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 any of the artwork, please first email us an enquiry at gentonicart@gmail.com
9. Products not received at correct address: If the Customer does not receive products it has purchased within 28 days of the date of purchase “Gen and Tonic Art” shall not be liable to the Customer for those products unless the Customer has notified us within 30 days of date of purchase.
10.Products sent to incorrect address: If a product is not received by a Customer because it was sent by “Gen and Tonic Art” to an incorrect address due to an error by “Gen and Tonic Art” then we will be responsible for the resending or replacement of the product or refunding of the price paid for the product, at the discretion of “Gen and Tonic Art”.
If a product is not received by the Customer because the Customer provided an incorrect or insufficient address, then (i) subject to clause 9, if the product is returned to “Gen and Tonic Art”, we will resend the product to the Customer provided that the Customer first pays the cost of postage delivery and handling for resending; or
(ii) if the product is not returned to “Gen and Tonic Art”, then we shall have no further responsibility.
11. Non-claimed products: If product that a Customer has purchased is returned to “Gen and Tonic Art” by a person other than the Customer and we cannot, despite reasonable efforts, contact the Customer or the Customer does not contact us within 3 months of products being so returned to “Gen and Tonic Art”, then ownership of the products will revert to “Gen and Tonic Art”.
12. Delays:
The Customer agrees not to hold “Gen and Tonic Art” liable for any loss or damage suffered by the Customer directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
13. Passing of risk and ownership:
Subject to Clause 9, ownership of products purchased by the Customer shall pass to the Customer on “Gen and Tonic Art” shipping the products to the Customer.
14. Returns and Refunds: We will only provide refunds where the artwork or product received is not as described on The Artist’s website. Refunds or returns will not be accepted if the customer simply decides they do not like the artwork after it has been delivered.
15. Limitation of liability: “Gen and Tonic Art” shall not be liable to the Customer for refunding the price of products or replacing or exchanging products that the Customer purchases through the “Gen and Tonic Art” website, other than as set out in these Terms & Conditions of Sale.
“Gen and Tonic Art” shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use, or performance of products or services that the Customer purchases through “Gen and Tonic Art” even if we have been advised of the possibility of such damages but the product was accurately described and presented on our website. All returns must be received in original condition.
Shipping and insurance is at the expense of the purchaser.
16. Disclaimer and Indemnity: To the extent permitted by law “Gen and Tonic Art” 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 website including, but not limited to, loss or damage you might suffer as a result of:
a) errors, mistakes or inaccuracies on the website;
b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
c) personal injury or property damage of any kind resulting from your access or use of the website;
d) any unauthorised access to or use of the websites secure servers;
e) any interruption or cessation of transmission to or from the website;
f) any bugs, viruses, trojan horses or other harmful code or communications which may be
transmitted to or through the website by any third party; and/or
g) the quality or fitness for any purpose of any linked sites.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website and services offered.
Genevieve Byrt and “Gen and Tonic Art” offers her professional mural, design, painting and artist professional services on the following basis and is not subject to any terms and conditions unless agreed to in writing prior to any invoice or deposit payment from the client.
Once a deposit or Invoice from the company “Gen and Tonic Art” has been paid in part or full by the client it is non-refundable. Bookings times and days are fixed once the deposit or invoice has been paid and can only be rearrange with prior agreement.
Payments are to be received in full as per the agreement, quotation or invoice. Failure to comply may lead to court proceedings. Payments, deposits or part payments are non-refundable. “Gen and Tonic Art” reserves the right to cancel or reschedule booked appointments / works for unforeseen circumstances or health and safety concerns.
TERMS AND CONDITIONS OF MURAL WORKS
‘We’, ‘us’ and ‘our’ means “Gen and Tonic Art” or Genevieve Byrt. ‘You’, ‘the client’, ‘the customer’, ‘your’ means the person who requested our services and enters into this contract.
1. The agreed final quote represents a written contract for the work to be completed at the price quoted.
1. Any agreement made verbally is not covered by the contract unless it has been written into said contract.
2. The agreement is made between “Gen and Tonic Art” and the client. The client is identified as the person who requested the quotation.
3. The acceptance of the quote, electronically or by any other means signifies a full acceptance and commitment to accept these terms and conditions.
4. Any quote or estimate is subject to revision if there are any changes to the nature or extent of the requested work. This may apply to both labour and materials.
5. Payments are to be received in full as per the qualifications attached to the quotation. Failure to comply may lead to court proceedings. Deposits are non refundable. Gen and Tonic Art reserves the right to cancel or reschedule booked work for unforeseen circumstances or health and safety reasons.
6. Please check your Invoice for payment terms.
2. A deposit is required prior to works, with the remainder being paid immediately upon completion of works or no later than a 7 day period.
3. Hire charges for specialist access and specialist machinery will be in addition to decorative materials used to complete the works and will be detailed within your quotation.
4. As part of our commitment to providing excellent customer service we aim to ensure that we deliver a high standard of service and workmanship and that the customer is completely satisfied with the works carried out under the terms of the agreement. If you are not satisfied with the standard of work for whatever reason, we will endeavour to remedy the issue before the mural is completed. Any grievances should be brought to our attention before the mural / work is completed. Genevieve Byrt and “Gen and Tonic Art” should be given first opportunity to carry out any repair or remedial works required. If any third party is allowed access for remedial works without “Gen and Tonic Art’s” prior knowledge, the customers contract with “Gen and Tonic Art” shall be rendered void with immediate effect. “Gen and Tonic Art” will not accept liability for any remedial works carried out by a third party whatsoever.
5. All necessary materials can be provided by us and will always be of high quality and used in an appropriate manner as per the manufacturer’s guidelines. We cannot guarantee any materials provided by the customer. Where it is necessary to match existing decor, our work will be carried out with this in mind, using appropriate materials that provide an exact match where possible. If an exact match will not be achievable, the client will be consulted.
6. It is the responsibility of the client to ensure that all valuable and/or fragile items, pictures and other wall-hangings and electrical goods are removed from the rooms that works are to be carried out.
7. Any items that cannot to be moved from the working areas will be suitable covered, however they will remain in place at the customers own risk, including carpets and floor coverings.
8. Where items cannot be covered or protected, but could easily have been removed, we will request that they are removed before work commences. We cannot be held liable for damage to such items if they are not removed after such a request.
9. During external decoration, we may require access within a lawn or bedded area. Although we will endeavour to be as careful and considerate as possible, the use of access equipment and the process of works may cause some temporary damage to these delicate areas.
10. If there are parking restrictions immediately and surrounding the site, we may request the temporary use of the customers driveway or parking space if available.
11. We will not decorate any surface that have a we good reason to suspect is asbestos. The removal of asbestos if required by the customer is to be completed by a qualified specialist.
12. We may on occasion request that tools be left on site overnight. The client reserves the right to decline such requests with the proviso that the financial cost of any loss or damage to tools while left on site may be charged to the client.
13. The client will be expected to provide electrical power, running water and toilet facilities where reasonably possible.
14. Road closures, pavement licences if required are to be sort from local authorities and paid for by the client.
15. We reserve the right to delay or postpone any outdoor work when there is inclement weather.
The terms 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.