PURCHASER TERMS

IMPORTANT NOTE

• The following terms and conditions apply to your Purchase of the Art.
• Do not submit this Register to Buy Form until You have read, understood and agreed to the terms below.
• Your Register to Buy Form will not progress until You have indicated that you accept these Purchaser Terms.

Meaning of Words

• 'Agreement' means this agreement and any subsequent amendment agreed to in writing by You and Oz-e-artcraft.
• 'Art' means item of art or craft work identified in the Register to Buy Form.
• 'Art Images' means images, data, or information, pertaining to the Art, and all intellectual property contained therein, as displayed on the Website.
• 'Art Price' means the price in Australian currency ($AUD) for the purchase of the Art as advertised on the Website or otherwise agreed between the Owner and You.
• 'Commission' means the amount of 15% or 25% of the Purchase Price (inclusive of GST) to be retained by Oz-e-artcraft in consideration for the provision of the services under this Agreement.
• 'Owner' means the owner of the Art.
  
• 'Oz-e-artcraft' means Oz-e-artcraft Pty Ltd (ABN 37 119 766 111) in its own capacity, and in its capacity as agent of the Owner.
• 'Register to Buy Form' means the Register to Buy Form.
• 'Purchase Price' means the Art Price and any additional charges for freight, insurance, all taxes required to be collected in the relevant jurisdiction pertaining to the purchase of the Art and any other costs reasonably incurred in the purchase of the Art, which You have agreed to pay for the purchase of the Art.
• 'Website' means the Oz-e-artcraft owned internet site accessible via the internet at http://www.ozeartcraft.com.au

What You Must Do

By submitting this Register to Buy Form You are warranting the accuracy and completeness of all information provided by You on this Register to Buy Form.

If You are employed and intend using the Website and purchasing the Art in connection with your employment duties then You should only submit this Register to Buy Application Form if your employer has authorised You to do so as its agent. By submitting this Register to Buy Application Form as agent for Your employer, You are representing and warranting to Oz-e-artcraft that You are authorised to do so on behalf of your employer, and you are warranting the accuracy and completeness of all information provided by You on this Register to Buy Form to
Oz-e-artcraft.

What Oz-e-artcraft Will Do
 
The total Purchase Price, inclusive of all delivery, insurance and other charges as required by the Register to Buy Form.

Ozeartcraft holds no responsibility for any International import taxes.

Payment of the Purchase Price must be made in Australian currency ($AUD).

On receipt of the Purchase Price from You Oz-e-artcraft will advise the Owner. The Owner will arrange for the purchased Art to be insured and delivered to You within 14 days of receipt of that advice from Oz-e-artcraft.  Delivery will be to the delivery address indicated in the Register to Buy Form and must be receipted or signed for with the carrier. Oz-e-artcraft will forward to you full details of the insurance and delivery arrangements.

You will have 7 days from the date of delivery of the Art to You (as recorded by the carrier) (“Approval Period) to advise that You are not satisfied with the Art.  If You notify Oz-e-artcraft that You are not satisfied with the Art within the Approval Period and You return the Art to the Owner at Your expense (including insurance) within the following 14 day period, Oz-e-artcraft will refund the Art Price to You less the out-of-pocket expenses (including, but not limited to, delivery and insurance charges) incurred by the Owner.

Unless You advise Oz-e-artcraft that You are not satisfied with the Art within Approval Period, Oz-e-artcraft will pay the Purchase Price, less the Commission to the Owner.

You understand that Oz-e-artcraft may retain all Register to Buy Form data provided by You for its record-keeping and marketing purposes.


Use of Names

You must not without written permission use the name, any trademark or logo of the Owner or Oz-e-artcraft to claim any sponsorship, endorsement, approval or affiliation or other association with the Owner or Oz-e-artcraft.

Proprietary Rights

Unless You advise Oz-e-artcraft that You are not satisfied with the Art within Approval Period, Title in the Art transfers to You on expiry of the Approval Period.
You must not remove or alter any logo, copyright or other proprietary notices, symbols or labels in or on the Art.

Transfer of Risk

You assume all risk and liability for the Art (including all insurable and non-insurable liabilities) from the time title in the Art passes to You.
You assume all risk associated with freight and insurance arrangements that You may choose to enter into.

Your Rights to Use the Art Images and Website

You may use the Art Images and Website ONLY for the purposes of:

• selecting Art to purchase;
• purchasing Art; and
• submitting information to Oz-e-artcraft for inclusion in the critique, announcements, exhibition notices, and classifieds sections of the Website.

You agree not to use the Art Images or Website for any other purposes than those intended.
You agree not to reproduce the Art Images.
You agree not to reproduce the Art without the consent of the owner of the intellectual property rights in the Art.
You agree not to reproduce the Website or any part thereof.
You agree not to tamper or interfere with the Website or any part thereof.
You must not distribute, sell or otherwise make the Art Images available for use by a third party.  
You must not reverse engineer or tamper with the Art Images or the Website or any part thereof.

Limit of Liability

You are responsible for determining that the Art is suitable for Your use or purpose.
You assume all risk for any loss or damage resulting directly or indirectly from Your use of, or inability to use the Website, and Your use of, or inability to use the Art Images and Art.

To the extent permitted by law, Oz-e-artcraft excludes all liability for any loss or damage (including direct, indirect, special or consequential loss or damage) arising from Your use of the Website, Your use of the Art Images, Your use or purchase of the Art, or otherwise arising in connection with this Agreement.

To the extent permitted by law, Oz-e-artcraft excludes all warranties and conditions in relation to the Art.  Where any statute or law implies warranties or conditions into this Agreement, which cannot be lawfully modified or excluded ('Non-excludable Conditions') then this Agreement will be read subject to such Non-excludable Conditions. Where such statute or law permits, Oz-e-artcraft limits its liability to You for breach of such Non-excludable Conditions at its option to:

• re-supplying the Art; or
• refunding the Purchase Price.

You indemnify and release Oz-e-artcraft against any and all loss or damage (including direct, indirect, special or consequential loss or damage) arising from Your use of the Website, Your use of the Art Image, Your use or purchase of the Art, or otherwise arising in connection with this Agreement.  This obligation will continue beyond termination or expiration of this Agreement.
You acknowledge and agree that:

• You Access and use the Website at Your own risk;
• Oz-e-artcraft will not be liable to You for any direct, indirect, special, consequential or other damages resulting from Your use of the Website; and
• Oz-e-artcraft is not liable to You for Your use of any internet site that You might access from the Website, or for the accuracy, reliability or content of any internet site links that You might access from the Website, or that form part of the Website.

Oz-e-artcraft Makes No Representations

Oz-e-artcraft does not warrant or make any representations:

• that the Art Image or Art is of merchantable quality, suitable for Your use, or is fit for any other purpose;
• regarding the Owner;
• that Your use of the Website will result in a Purchase;
• that operation of the Website will be-uninterrupted or that the Website is error-free;
• regarding the results of any use of the whole or any part of the Website;
• as to the accuracy, reliability or content of any data, information, service or goods obtained through any use of the whole or any part of the Website;
• as to the accuracy, reliability or content of any internet sites addressed by the URLs in the database forming part of the Website; 
• that the use of the Website will not infringe the intellectual property rights of a third party;
• that persons outside of Australia will comply with their domestic laws in relation to their use of the Website; or
• that Art Images and other material on the Website, and Art, are, or will be, accessible,  appropriate, or available for use outside of Australia.

Resolving Disputes

In any dispute arising out of or in connection with this Agreement You agree to first negotiate in good faith with a senior Oz-e-artcraft officer to resolve it. If the dispute is not resolved by those negotiations within 30 days, You agree that the matter may be referred to the Australian Commercial Dispute Centre Limited ('ACDC') for resolution by mediation and if necessary by arbitration in accordance with the commercial mediation guidelines of the ACDC.

The Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Queensland, Australia.
By pressing the “Submit” button You represent (upon which Oz-e-artcraft relies) that You have read and understood the terms of this Agreement, that you are 18 years of age or older and that You agree to be bound by them.