Terms and Conditions 2017-04-14T09:33:38+00:00
Marana Gallery Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING MARANA GALLERY website (‘the Website’ and ‘this site’). All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. We reserved the right to make amendments to these terms and conditions at any time.
DELIVERY
All paintings are sent unstretched and rolled in a tube, unless on a stretched and framed canvas so as to not disturb the pigments of the finished painting. Marana Gallery uses Australia’s number one mail service, Australia Post and, in some cases, other international mail services when delivering to Scandinavia and other international locations. Buyers outside of Scandinavia must contact Marana Gallery and we will determine delivery costs depending on your specific country. Any extra delivery costs will be passed onto the customer.
Marana Gallery will endeavor to fulfill your order for product(s) listed in the Order Confirmation by the estimated delivery date specified. Note that artworks are often produced in extremely remote areas of Australia that receive limited postal services which can delay delivery times. Every reasonable effort will be made to ensure the product(s) are shipped within 3 working days of completion of payment; however, some places have only one mail plane per week!
If for any reason we cannot meet the delivery date you will be kept informed and offered a choice of either continuing with the extended delivery time or cancellation with a full refund. Reasons for the delay could include: customization of product(s), unforeseen circumstances or delivery area.
PRICE AND PAYMENT
The prices on the Website include VAT but exclude postage/delivery which is added in the pro forma invoice. Prices are liable to change at any time but all changes will not affect orders in respect of which we have already sent you an Acknowledgement of Receipt. Once you have decided upon an artwork(s), click the ‘Enquiry’ link with comments if desired to which Marana Gallery will reply.
A pro forma invoice for the goods will be sent to the purchaser’s email address and payment for the goods must be made using Direct Debit within 72 hours. If the Direct Debit payment is not received within 72 hours, the order will be cancelled. All payments are securely made by the purchaser via Direct Debit funds transfer using your online banking facility into the Marana Gallery account. You must code your payment with your name and invoice number.
Once full payment is received and deposited into the Marana Gallery account, the delivery will be made. All information received is strictly confidential.
VALUE ADDED TAX (VAT) AND CUSTOMS DUTY
The Customs Offices in Scandinavia DO NOT charge any toll or duty on Australian Aboriginal Art.
Value Added Tax (VAT) is calculated at only 12% for artworks sold in Scandinavia and are included in the total price.
RETURN OF GOODS AND REFUNDS
When selecting an artwork(s) it is important to choose carefully. Marana Gallery makes buying online as easy as possible with a commitment to our customers to present all paintings in their true and best possible light using the latest digital technology.
If you are interested in a painting we can send you high-resolution images, painting details, artist background and other relevant information to assist with your decision. If you send us a front-on image of your wall we can digitally hang the painting to give you a better idea of how it will look in your interior. We are also freely available to discuss your selection with you in English or på svenska over the email, social media chat or on Skype.
If you are looking for something other than the Australian Aboriginal art in our gallery, we are happy to discuss your needs and can source alternative suggestions from our community art centre partners at no extra cost.
It’s common to see artists painting outdoors in dusty conditions (as they have done in the sand or on tree bark for 1000’s of years) with dogs, dingoes and curious kids sometimes adding their ‘mark’ to the artwork – it’s all part of the unique character of genuine Australian Aboriginal art!
Marana Gallery offers a 100% replacement or money back guarantee if you are not satisfied that the artwork(s) is an accurate representation of what was presented on the Website and in any discussions or correspondence pertaining to the product(s).
The customer may request replacement or return the artwork to Marana Gallery for a 100% refund of the purchase price provided that Marana Gallery: is CONTACTED FIRST WITHIN 7 DAYS OF DELIVERY stating reasons for replacement or return in writing; that the artwork is demonstrated not to be as described and represented; and if returning that the artwork is returned in its original condition with all associated documentation included. No refunds will be considered if the artwork is not to your liking once delivered.
When returning an artwork, the painting must be securely re-wrapped in its original packaging, the return shipping costs will be at the customer’s expense and it is recommended that the item by insured by the customer. Once the artwork is received in good, original condition, notification of your refund will be forwarded immediately.
COPYRIGHT
The entire content included in the Website, including but not limited to text, graphics or code, is copyrighted © Marana Gallery and its suppliers unless otherwise stated on this site under intellectual property legislation governed by Sweden’s Ministry of Justice, the Australian Copyright Act 1968 and other copyright and trademark laws, and is the property of Marana Gallery. Copyright of all artworks on the Website remains the exclusive property of the Artist. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of buyer browsing or ordering with Marana Gallery. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of this site solely for your own non-commercial use, when blogging with a link or credit to Marana Gallery, or to place an order with Marana Gallery. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Marana Gallery. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
REPRODUCTION EXCLUSIONS FOR EDUCATION
The Australian Copyright Act 1968 states that 10% of written content on this site can be reproduced by educational institutions. If doing so the responsible administrator of the educational institution must provide a remuneration notice to the Copyright Agency Limited (CAL) under the provisions of the Act.
TRADEMARKS
All trademarks, service marks and trade names of Marana Gallery used in the Website are trademarks or registered trademarks of Marana Gallery.
WARRANTY DISCLAIMER
This site and the artworks and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Marana Gallery disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Marana Gallery does not represent or warrant that the functions contained in this site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the Website available are free of viruses or other harmful components.
While we make every effort to provide accurate information, errors and omissions can occur. Marana Gallery does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states and countries do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. While every effort is made to keep up-to-date on available artworks and their information, some artworks that appear on the Website may not be available for sale. If not, Marana Gallery can arrange for viewing of similar, alternative artworks.
We take the greatest care in ensuring that all artworks ordered through the Website from Marana Gallery and supplied by Marana Gallery fit the description on this site.
LIMITATION OF LIABILITY
Marana Gallery shall not be liable for any special or consequential damages or loss of profits that result from the use of, or the inability to use, the materials on this site. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Marana Gallery’s liability for breach of any implied warranty that can’t be excluded is limited at the discretion of Marana Gallery to the replacement of goods or supply of equivalent goods, the repair of such goods, and payment of costs to replace, acquire equivalent or repair; plus resupply of services and payment of costs to resupply.
TYPOGRAPHICAL ERRORS
In the event that a Marana Gallery artwork is mistakenly listed at an incorrect price, Marana Gallery reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Marana Gallery reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and payment made. If your payment has already been made for the purchase and your order is cancelled, Marana Gallery shall refund to the amount of the incorrect price.
TERMINATION
These terms and conditions are applicable to you upon your accessing the Website and/or completing inquiry or the shopping process. These terms and conditions, or any part of them, may be terminated by Marana Gallery without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
Marana Gallery may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to Marana Gallery.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of Sweden, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Marana Gallery products) shall be in the Stockholm District Court, Sweden. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Marana Gallery products) must be commenced within one (1) year after the claim or cause of action arises. Marana Gallery’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Marana Gallery may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF THIS SITE
Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Marana Gallery or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this site or use this site to solicit others to join or become members of any other commercial online service or other organization.
PARTICIPATION DISCLAIMER
Marana Gallery does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Marana Gallery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Marana Gallery reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Marana Gallery in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Marana Gallery, its officers, directors, employees, agents, licensors and suppliers (collectively the ‘Service Providers’) from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Marana Gallery may link to sites operated by third parties. However, even if the third party is affiliated with Marana Gallery, Marana Gallery has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Marana Gallery. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Marana Gallery seeks to protect the integrity of this site and the links placed upon it and therefore requests any feedback on not only this Website, but for sites it links to as well (including if a specific link does not work).