TERMS AND CONDITIONS

AGREEMENT

1.1. These Terms and Conditions apply to you, the Website user and your usage of the The Artisan Merchant Co. Shop and associated software, networks and processes, including the purchase of goods or services through the Website. 1.2. By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.

INTERPRETATION

2.1. In these Terms and Conditions: “Agreement” means these terms and conditions, including all the terms of any order placed by you the User through the Website (if applicable). “Customer” means the person or legal entity identified in a The Artisan Merchant Co. quote, invoice or sales document. “Delivery Cost” means the costs associated with delivery as specified in an Order. “Goods” means the Products listed in an Order. “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media). “Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website. “Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website. “Privacy Policy” explains how we collect, use and disclose the personal information You provide to us when You use Our Website “Products” means any items listed on the Website (for sale or otherwise) that are for sale from key Suppliers. “Returns Policy” means the terms upon which You can return or exchange Products and forms part of this Agreement. “Supplier” means any boutique artist or designer that The Artisan Merchant Co. represents on the Website. “Website” means the internet site located at the URL www.theartisanmerchantco.com.au and operated by The Artisan Merchant Co..

2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

 SITE USE

3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. The Artisan Merchant Co. will not be responsible for the content or privacy practices associated with linked web sites.

3.2. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws that apply to you.

3.3. You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference that may damage your computer system. The Artisan Merchant Co. takes no responsibility for any such damage that may arise in connection with your use of the Website.

PRICING

4.1. All prices listed on the Website are in Australian Dollars unless otherwise specified.

4.2. All prices listed on the Website are ex gst unless otherwise specified.

4.3. All prices displayed on the The Artisan Merchant Co. website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.

4.4. If a Discount Code is entered at the checkout, it effects to the items on the Order only, excluding associated Delivery Cost.

4.5. You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.

4.6 Free shipping offers are given at the sole discretion of The Artisan Merchant Co. and may incur additional charges for delivery to remote areas (as defined by The Artisan Merchant Co.), or for oversized and bulky items, or special Sale Promotions (eg. Stocktake Sale). 

4.7 The Artisan Merchant Co. reserves the right to refuse a sale.

PRODUCT SPECIFICATIONS

5.1. Features and specifications of Products described or depicted on the Website are subject to change without notice.

5.2. All weights and dimensions mentioned are approximate.

5.3 We do our best to represent the colours correctly for artworks and handmade products, but due to the nature of being handmade, colours may vary slightly from the actual artwork or product.

ORDERS

6.1. You may place an Order by filling in the Order Form on the The Artisan Merchant Co. Wbsite and clicking the "confirm" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions

6.2. Orders will be deemed to have been received by The Artisan Merchant Co. at the time The Artisan Merchant Co. sends an Order confirmation to your nominated email address.

6.3. The Artisan Merchant Co. is an online business and will primarily communicate with customers via email. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.

6.4. Each Order (once confirmed) represents a separate agreement.

6.5. The Artisan Merchant Co. reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.

6.6. The Artisan Merchant Co., at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.

6.7. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with email acknowledgement of the cancellation and refund.

6.8. The Artisan Merchant Co. reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.

6.9. The Artisan Merchant Co. accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.

PAYMENT

7.1. The Artisan Merchant Co. currently accepts Visa, Mastercard, PayPal and Afterpay payments.

7.2. Payment for Orders will be processed immediately upon confirmation of your Order.

7.3. If your nominated payment method triggers The Artisan Merchant Co. internal suspect transaction protocols, The Artisan Merchant Co. may contact you to confirm additional details, or rescind the transaction. 

DELIVERY AND OWNERSHIP OF GOODS

8.1. All purchasers via the The Artisan Merchant Co. website include a separate dispatch service (the Service), a service which is distinct from the supply of Goods, and which includes only the dispatch of the order with a third party carrier, and the provision to the carrier of instructions to enable the delivery of the Goods to the customer by the carrier.

8.2. Once an order has been dispatched to the customer by The Artisan Merchant Co. (via third party Suppliers) - in accordance with 8.1, the dispatch service is deemed to have been provided, and in no circumstances is The Artisan Merchant Co. then liable to refund the delivery fee paid by the customer.

8.3. The Artisan Merchant Co. is not responsible for the delivery and delivery times of Goods once dispatched in accordance with 8.1. Once Goods have been dispatched, it is the customer's responsibility to liaise with The Artisan Merchant Co.’ nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours or otherwise in accordance with the carrier’s instructions. Any information provided by The Artisan Merchant Co. to a customer in relation to delivery will be from a third party, and as such The Artisan Merchant Co. will not guarantee the accuracy of such information. The Artisan Merchant Co. will provide customers with tracking information to enable liaising with the carrier.

8.4. The parties acknowledge that delays in shipping do occasionally occur, and The Artisan Merchant Co. is not liable for any loss and damage caused by the delivery delays, nor to refund any amounts paid for the order or delivery of the order.

8.5. The parties acknowledge that Goods may be damaged in transit by the carriers, and in such a case, the customer may contact The Artisan Merchant Co. in accordance with Clause 9, and other than in accordance with that clause, The Artisan Merchant Co. is not liable in any way to provide a refund or for any other damage caused thereby or for any corresponding delays caused by the carrying out of the process outlined in Clause 9.

8.6. The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by The Artisan Merchant Co. and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by email at the email address nominated in their Order.

8.7. The Artisan Merchant Co. will not dispatch Goods to PO box addresses.

8.8. Title and risk in the Goods pass to the customer on signing for delivery of the Goods.

8.9. Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided upon the item being left as instructed.

8.10. The Artisan Merchant Co.’ nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday), unless otherwise arranged in advance with The Artisan Merchant Co..

8.11. Where a customer wishes to cancel an order after it has been dispatched in accordance with 8.1, the cancellation is treated in accordance with the 14 day return policy, whereby shipping costs and return or redirection costs are not refunded and/or are payable by the customer.

RETURNS POLICY & REFUNDS

9.1. Other than in accordance with the The Artisan Merchant Co. Returns Policy, The Artisan Merchant Co. is not required to provide refunds.

9.2. Returns or exchanges are only accepted within 14 days of receipt of sale in accordance with the Returns Policy.

9.3. Many products from Suppliers on the The Artisan Merchant Co. Website are ‘made to order’ and therefore cannot be returned or exchanged, unless the Product is deemed damaged, in accordance with the The Artisan Merchant Co. Returns Policy and the Australian Consumer Law guarantees.

9.4. In order to facilitate a return under these Terms and Conditions, Customers must email admin@theartisanmerchantco.com

9.5. Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.

9.6 The Artisan Merchant Co. considers that an item that has been damaged in transit, or contains a fault that is unique to the actual item sent to the customer, and therefore would not be expected to be a fault existing in a replacement, not to be a major fault in any circumstances notwithstanding the extent of said damage. 

WARRANTIES

10.1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, in accordance with the The Artisan Merchant Co. Returns Policy. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

10.2. This warranty does not cover: (a) Normal wear and tear; (b) Damage arising from abnormal use, or abuse, or placement in inappropriate locations; (c) Products which have not been maintained, or which have been modified

SALE TERMS & DISCOUNT CODES

11.1 Any other promotions, offers, or discounts cannot be used during a sale period.

11.2 Discount codes or promotional codes are offered as a discount off the product Recommended Retail Product (RRP).

11.3 The Artisan Merchant Co. Website and Order Terms and Conditions apply during promotions.

11.4 Discount Codes are not applicable to the purchase of gift cards or e-gift vouchers.  Only one discount code can apply per order.

11.5 A flat shipping fee may apply to orders during a Sale Promotion, which will be displayed on the checkout page before payment is finalised.

INTELLECTUAL PROPERTY 

12.1. All Intellectual Property in any Material on the Website is the property of The Artisan Merchant Co.. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material. 

INDEMNITY

13.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against The Artisan Merchant Co. that are connected with, arise out of, relate to or are incidental to the use of the Website. 13.2. You agree to indemnify and to keep indemnified The Artisan Merchant Co. and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by The Artisan Merchant Co. arising out of or in connection with the your use of the Website and the use of any The Artisan Merchant Co. Products outside the Suppliers specifications.

LIABILITY

14.1. To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

14.2. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.

PRIVACY POLICY

15.1. We gather personal information about our customers for the purposes of: (a) marketing, supplying or delivering our products to you; (b) improving and developing our products and services; and (d) expanding our business.

15.2. The Artisan Merchant Co. is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.

GENERAL

16.1. The Artisan Merchant Co. reserves the right to make changes to the The Artisan Merchant Co. Website and Order Terms and Conditions without notice.

16.2. Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.

16.3. A failure or delay by The Artisan Merchant Co. to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by The Artisan Merchant Co. does not preclude its future ability to exercise that or any other power or right.

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Last Updated: 24 October 2023