Terms & Conditions

By accessing or using any part of the site, you agree to be bound by these Terms of Service.

TERMS OF SERVICE

PARTIES AND PRELIMINARIES

This website is operated by Port Jackson Press Australia. Throughout the site, the terms “we”, “us” and “our”, “Port Jackson Press” and “Port Jackson Press Australia” refer to Port Jackson Press Australia Pty Ltd A.B.N. 76 061 320 250 a Company registered under the laws of the State of Victoria, Australia.

Port Jackson Press Australia offers the use of this website to you, the user, including all information, tools and services available from this site subject to

your acceptance of:

  • these Terms of Service;
  • the provisions of such other policies and notices as may be set out on this website from time to time

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referred to and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which we add to the current store are also subject to these Terms of Service.

 

SECTION 1 – ONLINE USAGE

You represent that you are at least the age of majority in your state or place of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

If you breach or fail to comply with any of these Terms of Service we reserve the right to terminate service to you without further notice.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse the Service to anyone for any reason at any time or to modify or discontinue the Service without notice.

We place you on notice and by your use of the Site you acknowledge that your content (not including credit card information), may be transferred unencrypted and involve:

  • transmissions over various networks; and
  • changes to conform and adapt to technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks and we do not retain it.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF

INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for art work displayed on this Site or for any Services are subject to change without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any part or the whole of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Port Jackson Press Australia offers art-works for sale through its site either as agent for the artist or as a seller in its own right.

Certain art-works or services may be available exclusively online through the website. These art works or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Descriptions of the works should be read by reference to the Printmaking section of our Website. These descriptions and terms are to be taken as a guide only and no substitute for your own personal inspection.

We have made every effort to display as accurately as possible the colours and images of art works that appear on our website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

Due to the handmade element of printmaking the art works may have a variation of up to 10% in both colour and dimensions from the original image displayed on our website.

Fine-art prints are made in editions and, depending on the nature of the printing medium, the plates are defaced or cancelled after each edition. As a result, each of the works on paper is subject to variation in tone.

We reserve the right, but are not obliged to limit the sales of our products or Services by quantity and to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of art works or art-work pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

The unique nature of each art work is such that if, for any reason, the art work supplied cannot be replaced with an equivalent (usually another work from the same edition) then the sole remedy will be the refund of the purchase price upon return of the art work in the state you received it together with any packaging.

To the maximum extent permitted by law, our liability under any guarantees which apply to the sale of goods or services under the Australian Consumer Law, and which may not otherwise be excluded from operation by virtue of our limitations above, are limited to one or more of the following:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods;
  • the payment of the cost of having the goods repaired.

The Vienna Convention on the Sale of Goods is expressly excluded from operation under these Terms.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We will handle such information as you provide to us in accord with our Privacy Policy.

You agree to provide current, complete and accurate purchase and account information for all purchases made through the service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy (section 21).

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER

SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or any user authored content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory or which we find objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that any of your user-authored content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise

mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to change, correct or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content to:

  • engage in any unlawful activity or violate the laws of any place having jurisdiction over that activity;
  • solicit others to perform or participate in any unlawful acts;
  • infringe the intellectual property rights of any person;
  • alter or remove the digital rights management information attaching to any item on the site;
  • alter, remove or seek to alter or remove any code attaching to any item on the site as an anti-circumvention device;
  • collect or track the personal information of others;
  • use any web-crawler, worm or other computer algorithm to obtain automated access to the content on this site or to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.;
  • harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • submit false or misleading information or engage in conduct which is false or misleading or calculated to mislead or deceive including pretexting or phishing;
  • upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • engage in conduct with respect to the site for any obscene or immoral purpose; or
  • interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for engaging in any such prohibited use.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF

LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any goods, including art work, procured using the Service, or for any other claim related in any way to your use of the Service or any goods, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or goods) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.

To the extent that our liability for any guarantee imposed by law in relation to the provision of the Services may not be excluded by any of the above provisions, our liability shall be limited to:

  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.

 

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold us harmless subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service on one or more occasions shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 – SHIPPING AND POSTAGE

All items and postage must be paid in full prior to posting As shipping companies are third parties independent of Port Jackson Press, the business will not be responsible or liable for any loss, damage or negligence that may occur while using these services.

In regards to collection times, if items are not collected within 2 weeks, Port Jackson Press reserves the right to charge removal and storage fees. Should additional time be required please contact the gallery to arrange this. info@portjacksonpress.com.au

All costs associated with transport, delivery and insurance are the responsibility of the purchaser.

We will ship all artworks with tracking via Australia Post. Australia Post offers shipping insurance and is recommended and is an additional cost. To add insurance to your shipping please You can add the calculate insurance option at the online checkout or contact us on +613 9419 8988 or email us info@portjacksonpress.com.au

Delivery within Australia

We will use Australia Post – standard and express delivery with tracking and signature on delivery – on your behalf unless otherwise instructed. Our website automatically calculates the postage cost using current Australia Post prices. Larger works exceeding 1.5 meters long will be sent via private courier. We will contact you to provide you with a quote for this shipping and estimated delivery times.

All items will be wrapped in acid free tissue paper and either sandwiched between acid free foam core in a flat pack or rolled in a post-quality cardboard tube.

If you wish to book your own courier, your item can be picked up from the gallery by appointment only. It is your responsibly to contact the gallery to arrange a time for pick up. Please contact us on +613 9419 8988 or email us info@portjacksonpress.com.au

Prints are dispatched within 1-5 business days of your order date. As soon as your order is shipped, you’ll receive a confirmation email with a tracking number. You can check the status of your package and the estimated delivery date online by using the tracking number. Please log onto auspost.com.au to track your item.

Australia Post Standard delivery:

Estimates  1 to 6 business days from dispatch date.

Australia Post Express delivery:

Estimates next business day from dispatch date.

 

International Shipping

We will use Australian Post Registered International Parcel on your behalf unless otherwise instructed. Delivery cost and time for international orders depend upon the destination.

International purchases are invoiced free of GST. Any further taxes that are incurred with the export of your artwork/s are to be paid by you the purchaser.

To arrange a quote and estimated delivery time please contact us +613 9419 8988 or info@portjacksonpress.com.au

 

SECTION 21 – RETURNS POLICY

Please choose carefully as we do not operate a refund or exchange policy for ‘change of mind’ returns. In the event that you received the incorrect print please call us +613 9419 8988 to arrange an exchange.

To be eligible for a return, you must contact us within 1 business day of receiving your purchase. If 1 business day has gone by since you received your purchase, unfortunately we can’t offer you a refund or exchange.

Your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Gift Cards and discounted/sale items are non-refundable unless a breach of a consumer guarantee under the Australian Competition and Consumer Law is established to the reasonable satisfaction of Port Jackson Press. Reference is made to the limitations on liability made above.

 

Damage upon delivery

If an artwork has arrived to the purchaser damaged it is the responsibility of the purchaser to contact the gallery within 1 business day. Please note that in the unfortunate situation that the damage has occurred during transit, PJP holds no responsibly once the artwork has been handed to the third party shipper / carrier. If you artwork has arrived damaged you must take photographic documentation (a minimum of 3 photographs including the damage to the packaging). You are then required to send these images via email within 1 business day of receiving your delivery so that we can process a claim with Australia Post on your behalf. Please send images and a description of your claim to: info@portjacksonpress.com.au

 

Return Shipping

After contacting the gallery you need to arrange shipping of the artwork back to the gallery. Please ship your product to: 84 Smith Street, Collingwood, VIC, 3066, Australia. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. We highly recommend using a trackable shipping service and purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

 

Late or Missing Refunds

If a refund has been granted and you haven’t received funds yet, follow these steps:

  • first check your bank account again;
  • then contact your credit card company, it may take some time before your refund is officially posted;
  • next contact your bank. There is often some processing time before a refund is posted.
  • If you’ve done all of this and you still have not received your refund yet, please contact us at admin@portjacksonpress.com.au

 

Exchanges

We only offer an exchange if the item sent to the buyer is not the artwork that was purchased. Please contact us +613 9419 8988 or info@portjacksonpress.com.au

 

SECTION 22 – GIFT VOUCHERS

Gift Vouchers can only be purchased through the gallery. They are valid for 12 months from the date of purchase.

Vouchers are non-transferable and cannot be exchanged for cash payments. Vouchers must be redeemed at our gallery location 84 Smith Street, Collingwood, Vic, 3066

Vouchers redeemed in person at our gallery may be redeemed in part and the balance credited to you. Gift vouchers are not reloadable.

 

SECTION 23 – LAYBY

Port Jackson Press offers layby on all artworks. To set up a layby please contact us +613 9419 8988 or info@portjacksonpress.com.au

The length of a lay-by is three months.

An initial deposit of minimum 1/3 of the purchase price is required for each transaction at the time of purchase followed by two monthly installments for the balance of the transaction.

The balance should then be paid in two monthly installments either in person or by telephone (credit card only) and the art-work collected or otherwise dispatched on your instructions within two weeks days of the final payment.

The purchase price of the goods on lay-by will not be altered during the lay-by period. For example, if you purchase an item that increases in price during a lay-by period, the price of the item on lay-by remains the same.

Until paid in full the artwork on layby remains the property of Port Jackson Press and we will remain responsible for the condition and insurance of the goods on lay-by until you have made the final payment and claimed the goods.

After each payment is made, a paid invoice will be given or posted to you as receipt of payment and as a record of the progression of the lay-by. It will note the balance outstanding. We recommend that you keep all of your receipts at least until the last payment has been made.

Once payment has been made in full you must collect the artwork or arrange to have it shipped to you. If you fail to do this within two weeks of the final payment, we reserve the right to charge storage fees or, on notice to you, cancel the sale and refund the purchase price to you less our reasonable charges on the same terms as any other cancellation of a lay-by sale.

If you fail to make payments as agreed or without negotiating an extension period, Port Jackson Press can cancel the lay-by contract:

  • if you breach these terms;
  • It cease to engage in trade or commerce; or
  • the art work (or any other print in the same edition) is no longer available through no default or failure on our part.

In the event that you or we cancel the lay-by agreement under these Terms we will refund the amounts you have paid to us less a termination charge that covers our reasonable costs of processing the refund, including all bank charges and credit card fees incurred in both the sale and refund.

You will be notified of any cancellation in writing.

 

SECTION 23 – PURCHASING AND PAYMENT

Unless indicated as ‘SOLD OUT’, all items are available to purchase directly through our website. To make a purchase, click on the item you would like to purchase to visit its detail page and click ‘Add to Cart’. You can access your Cart by clicking the Cart page link, located in the site header. You can proceed to checkout from the Cart page by clicking the ‘Checkout’ button. Enter your preferred shipping address and follow the prompts to enter your payment details (credit card or PayPal). If you are not already signed in to Contemporary Editions upon purchase, you will be prompted to do so or to create a Contemporary Editions account if you are not already registered.

All prices on our website are in Australian dollars (AUD) and are GST inclusive. Prices are subject to change without notice.

We accept payment in Australian dollars through our checkout via the Australian agents of Visa, Mastercard, PayPal and Contemporary Editions gift cards. Please contact us directly if you would like to make payment via direct debit. International credit cards are not accepted. International payments must be made with Paypal.

If you would like to see an artwork in person prior to purchase, please contact us on +613 9419 8988 to organise a viewing appointment.

 

SECTION 23 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at

admin@portjacksonpress.com.au.