The POPULART website located at http://populart.com.au/ (the “Website”) is owned, controlled and operated by POPULART (ABN 56 541 985 165) (“POPULART”, “we”, “our”, or “us”).

 

The terms & conditions below (the “Terms”) shall apply to any person who uses and/or purchases goods off the website. By using this Website, you agree to follow and be legally bound by the Terms. If you do not agree with the Terms, you should cease using the Website.

 

VARIATION

 

POPULART has the right to amend, remove or vary the Terms at any time without notice to you. It is your responsibility to be aware of any changes made to the Terms and by continuing to use and visit the Website, you agree to be governed by the Terms as varied from time to time.

 

PURPOSE OF OUR WEBSITE

 

The purpose of this Website is to:

 

  • Provide contact details and information about POPULART;
  • Provide an online artist listing service for artists (“Listed Artists”);
  • Promote the artworks (“Artworks”) and careers of Listed Artists;
  • Provide an online storefront for the purchase of certain Artworks;
  • Provide an online blog on art industry topics; and
  • Offer promotions and other information on POPULART’s and its affiliates’ goods and services.

 

RELYING ON OUR WEBSITE

 

We do not guarantee the accuracy, completeness, reliability or timeliness of the Website. You acknowledge and agree that your use of the Website is on an “AS-IS” basis.

 

INTELLECTUAL PROPERTY RIGHTS

 

Artworks

 

Listed Artists retain ownership of all rights (including copyright), title and interest in their Artworks and related biographical material listed on the Website (“Artist Materials”).

 

Website & Content

 

POPULART is the exclusive owner of or otherwise has a licence to use all Artist Materials, images, videos, literary works, trade marks (including the trade mark Populart), designs, source code and data contained in the Website (“Content”).

 

Use

 

You are authorised to download, view, copy and print any Artist Materials or Content for personal, informational and non-commercial purposes only. All other uses are strictly prohibited. You must obtain our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of this Website or the Content for any other purpose.

 

THIRD PARTY LINKS

 

The Website contains links to other websites (including Listed Artists and affiliates of POPULART) over which POPULART have no control. You agree that POPULART is not responsible for the availability of, and content provided on, third party websites.

 

POPULART make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, nor that third party sites will be virus free.

 

EXCLUSION OF LIABILITY

 

To the full extent permitted by law:

 

  • POPULART makes no warranties, representations or guarantees in relation to the supply of goods and services by POPULART to you via the Website; and
  • We exclude our liability to you for all types of loss resulting from your use of or reliance on this Website (including all Content).

 

INDEMNITY

 

You agree to indemnity and hold POPULART harmless from any claims (on a full indemnity basis) made against POPULART by you or any third party due to or arising out of, or in any way connected to your access and/or use of the Website or purchase of the Artwork.

 

PURCHASING ARTWORK VIA THE WEBSITE – TERMS OF SALE

 

From time to time, POPULART may offer Artworks for sale via the Website.

 

By placing an order for any Artwork via the Website (“Order”) you are offering to purchase the Artwork on and subject to these Terms. Each Order you place will be a separate and binding agreement between you and POPULART with respect to the supply of the Artwork in accordance with these Terms.

 

Should you place an Order through the Website, the below Pricing and Shipping Policy will apply. Should you wish to purchase Artworks from a Listed Artist (not available for purchase via the Website) you will be re-directed to a third party site. Any Artworks purchased via a third party site will be subject to the terms and conditions of that site. POPULART is not responsible for the availability of Artworks or the accuracy of information on third party sites.

 

You agree that:

 

  • POPULART has the right to accept or reject an Order for any reason at any time; and
  • All Orders are subject to availability of the Artwork.

 

PRICING & FEES

 

Artwork prices are specified on the Website (“Price(s)”). Unless otherwise stated, all Prices quoted are in Australian Dollars. The Prices listed on the Website are exclusive of any shipping fees (see below) and applicable GST. Delivery fees and options are listed on the Website.

 

You agree to pay any applicable GST, where requested by us at the point of sale. Any fees and charges (e.g. delivery fees) imposed by these Terms also include GST where applicable.

 

E-COMMERCE

 

The POPULART online storefront (“Online Store”) is hosted on WP-Engine. WooCommerce provide us with the online e-commerce platform that allows us to sell the Artwork to you.

 

To purchase Artwork via the Website, you must be over 13 years of age and possess a valid credit or debit card issued by a bank acceptable to POPULART. All sales are final and binding, subject only to operation of relevant consumer-protection laws. Your card issuer agreement shall govern the use of your designated credit card, and will determine your rights and liabilities as a cardholder.

 

SHIPPING POLICY

 

POPULART’s estimated delivery time for a purchaser based in Australia is 5-10 business days following receipt of payment by POPULART of an Order. Estimated delivery time for any international orders is between 10-20 business days. Any period or date given for shipping of an Order by POPULART is intended as an estimate only and is subject to change. POPULART takes no responsibility for any loss suffered by you, where Artwork is not delivered within the estimated time frames.

 

RISK

 

Title in the Artwork for each Order will not pass to you until POPULART has received payment for that Artwork (and all related costs for the Order) as cleared funds.

 

The risk in the Artwork passes to you when the Artwork leaves the premises of POPULART or the relevant Artist (whoever has possession of the relevant Artwork) for shipping.

 

POPULART will not be held responsible for any occurrence that may happen following the shipping of an Order, including theft or damage during shipping or if an Artwork is delivered to an unattended address.  Unless we agree to arrange insurance options for shipping, you should arrange insurance to cover theft or damage to your Artwork during shipping.

 

RETURNS POLICY

 

POPULART does not provide refunds for any Artwork purchased via the Website unless there was an error made by POPULART (i.e. the wrong Artwork was delivered) or POPULART agrees that the Artwork is damaged or faulty.

 

If you discover that the Artwork is faulty or damaged, you must notify POPULART by email at info@populart.com.au and return the Artwork within 7 days of receipt of purchase. Once returned by you, where POPULART inspects the Artwork and confirms that the Artwork is damaged or faulty, you will be entitled to a full refund on the relevant purchase price (including postage costs), replacement (if available), exchange or credit.

 

PRIVACY POLICY

 

Your use of the Website may involve submitting your personal information via a form, registration process or other communication. Where applicable, we will collect your Personal Information subject to our Privacy Policy.

 

GOVERNING LAW

 

These Terms of Use are to be governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principle applicable in other jurisdictions. You agree to submit to the personal jurisdiction of the courts of Victoria

 

OUR CONTACT DETAILS

 

POPULART

ABN: 56 541 985 165

 

Any questions about the above Terms should be sent to info@populart.com.au.