TERMS AND CONDITIONS OF SALES
Thank you for browsing and buying at Heart & Soul Whisperer Art Gallery’s online store. Our goal at Heart and Soul Whisperer Art gallery is your complete satisfaction with your purchase.
Although we all hate the small print, terms and conditions of sale are an important part of any business. In 99.9% of jobs carried out by us, we do not need terms and conditions but from time to time, as I’m sure the reader will know, legally binding guidelines are required to protect all parties. If there is anything the reader wishes to discuss, please contact us and we will always do our best to clarify and help with any questions you may have.
By using this website, you must read, understand, accept and agreeing to be bound by the following Terms and Conditions and any additional policies outlined in the Return Policy and Privacy sections of this website.
These policies may change from time to time and all form part of the Terms and Conditions of Use. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time, without notice.
Parties to this agreement
This user agreement (referred to hereinafter as the Agreement) contains the terms and conditions of Sale from our web store
Details of Heart & Soul Whisperer Art Gallery
HEART & SOUL WHISPERER ART GALLERY ABN: 33 101 126 318 & Zenaidy Castro Pty Ltd‘s ABN 33101126318 and its ACN is 101126318
Dr Zenaidy Castro
10 Floor Suite 3
1 Elizabeth Street, Melbourne VIC Australia 3000
Email us here
When you place an Order to purchase our Customised Fine Art Prints or Goods via this Site, a contract is formed between you and us (Heart & Soul Whisperer Art Gallery), thus is subject to the following Terms and Conditions of Sale, and any additional policies outlined in the Return Policy and Privacy sections of this website, as set out below.
By purchasing our Customized Fine art print, you are acknowledging and agreeing to the terms and conditions set about below.
- Price of Prints
1.1 Each of our Fine art Prints are customized, printed to order for you. All prints are made exclusively by best professional photo labs specializing in museum gallery quality fine art printing and utilizing best available photo papers including high end archival acid free Giclée papers to create stunning pieces of art that will last for generations.
1.2 The prices of the prints will be as quoted on our site from time to time. We take all reasonable care to ensure that these prices are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of print(s) you ordered, please see clause (1.5) for what happens in this event.
1.3 Prices for our prints may change from time to time, but changes will not affect any order which we have confirmed with a dispatch confirmation.
1.4 The price of a Product does not include delivery charges, unless otherwise noted. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to the “Delivery” line at checkout, or in the case of Custom made orders or images this can be found on your written quotation.
1.5 It is always possible that, despite our reasonable efforts, some of the prints on our site may be incorrectly priced. If we discover an error in the price of a print you have ordered we will inform you of this error and we will give you the option of continuing to purchase the print at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the prints to you at the incorrect (lower) price.
1.6 All prices shown are in Australian Dollars and include a 10% GST, unless currency converter is used.
1.7 All base prices for artwork are for the artwork only (either loose prints with or without border or matted print) and do not include framing or freight costs, unless otherwise noted.
1.8 Framing and mounting options are available by selection of the appropriate options and the prices displayed for those options include the product specified or quoted upon request
1.9 Freight costs will be added in the shopping cart, unless otherwise noted. We deliver Free Shipping Australia wide only
1.10 All prices are subject to change without notice.
1.11 For our Clients under Corporate or Trade program, to be eligible for a trade discount, we may need to verify some business related details and info.
- Print Formats
2.1 Unless stated on your order confirmation and receipt, all prints are delivered as “loose photographs”, in a rolled tube with protective packaging.
2.2 Where we have offered framing or mounting, and this option is included on your order confirmation, the print(s) will arrive fully assembled in your chosen format, in a protective shipping container or package.
2.3 You hold sole responsibility for framing or mounting your print(s), including any damage caused during this process.
2.4 You hold responsibility for all your choices or selections on our online site from selecting your own preference on the Size of Prints, type of Papers or Media and finishing options. You would waive those rights of choices by you if you selected on our drop down menu ‘Giving us to Make a decisionf for you eg Finishing options or Media choices”
2.5 In the event that you change your mind or made a mistake upon those choices options right after buying the Prints, Please alert us by email within 24 hours of placing your order so that we can update your order with the correct selections.
For Buying Guides or info about our Prints sizes and Media Choices or type of Paper used Click here
- Order Process
3.1 The User can order Products without any need for registration, however the User must provide his/her real name, address, phone number and email address, and any other details required by is to fulfil its obligations under this Agreement. In addition to the above mentioned information, the institutional and corporate customers may provide their trade registry number and VAT number.
3.2 By placing an order for a Product, the User warrants that he/she has read the provisions of this agreement, agrees to these provisions and warrants to comply with these provisions.
3.3 The User ordering on behalf of a company warrants that he/she has sufficient authority to order the items in question and bind that company to this Agreement.
User or Buyer responsibilities
3.4 The User accepts responsibility for all activities that he/she conducts in our online store and agrees to pay the indicated Price of the Product(s) in the manner set out in the ordering process.
3.5 The User warrants the seller that the information he/she provides during the registration process (and any notification of change of such information) is true and correct.
3.6 By purchasing a print, you are confirming that you have read, understand and accepted the associated print description and price, and selected the appropriate selections required by you.
3.7 By purchasing any Custom made print, you must confirm in writing the exact dimensions or any other details as required by you before your order is deemed accepted by us.
3.8 Order and Shipping Confirmations
Your order confirmation is the email PayPal sends at the time you placed your order. When your order ships, you will receive another email from PayPal with a tracking number. (Tracking number provided for prints only).
We send order and shipment confirmations by email, so please ensure that your correct email address was supplied and check your spam folders in case the email has been delivered there. If there’s still no sign of your order confirmation email, please email us or contact us and we will be happy to check our order system for you.
3.9 Incorrect Shipping Address
When placing your order, please take a few moments to verify that the shipping address you have provided is correct because if your order is returned to us and needs to be reshipped due to an incorrect address, an additional flat shipping and handling rate will apply for orders. If you realize you entered an incorrect address, please alert us by email within 24 hours of placing your order so that we can update your order with the correct address.
4.1 All orders must be submitted via this website in accordance with the instructions set out on each step and page of the checkout process. Telephone orders may also be accepted via the telephone number displayed on the website.
4.2 You are responsible for ensuring the completeness and accuracy of your order details and we will not be liable for any failure by you to provide complete and accurate information in your order.
4.3 All print orders are for custom, on-demand photographic fine art prints.
4.4 Orders may only be deemed to have been accepted by us upon your receipt of our order confirmation in writing (which may be by e-mail), along with relevant order reference number.
Please note, We do not send Orders requesting delivery to a Post Office Box or send Orders requesting the goods to be shipped to a third party
4.5 We reserve the right to:
- Reject any order submitted by you for any reason. Note, in particular, that orders by customers in certain countries may be held for inspection and checks for fraudulent payment methods prior to acceptance by us.
- Cancel any order before delivery of the relevant print in the event any payment of the full order value fails.
- Without limitation to any provisions relating to Limitation of Liability, we will not be liable or otherwise responsible for any loss or damage caused to the you by cancellation of an order by us.
- Rarely, we may need to verify details and transactions, in this event we may need to call you. Aside from verifying the billing address and security code, we may request the name of the card issuing bank as one of our purchasing policies
- We reserved the right to decline transactions without a matching billing address, unless an explanation by email was given to us the reason for difference in billing and delivery address.
- Orders of big transactions
To verify the legitimacy of the transaction and purchaser, some or all of the steps below will take place:
-We may Request the name of the cardholder’s bank,
-Request the purchaser to provide a fax copy of their driver’s license,
-Proof of delivery address,
-We may telephone the cardholder after the order is placed to confirm the order and may ask purchaser read back all details of the order.
-We reserved the right to verify transactions with customer’s name, address and phone number with the card-issuing bank.
-We reserved the right not to immediately ship goods until satisfied that the purchase is legitimate
Ordering and Payment Terms
4.6 When an order is placed in our website the binding sales agreement between us (“the Buyer and the Seller”) is created and you will receive an order confirmation by e-mail.
4.7 We reserves the right to reject any order in its sole discretion. If we deemed the transactions as suspicious or fraudulent, we may not ship the goods, even though the transaction have been authorised. We may require your contact details so we can call you to verify transactions.
4.8 You agree to pay the purchase price specified on the Site at the time that you place your Order for the purchase of a Good, and any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in Australian dollars, unless otherwise specified currency. All purchase prices are subject to Australian GST (where applicable). Shipping and any insurance charges will be separately shown.
4.9 Buyer shall be solely responsible for any state, local, or federal sales, use, VAT, excise, import fees, or other taxes. Such taxes will be added to the final invoice prices in those instances in which Seller is required to collect them from Buyer; provided, however, that if Seller does not collect any such taxes and is later asked by or required to pay such taxes to any taxing authority, Buyer will make such payment to Seller. At Seller’s option, prices may be adjusted to reflect any increase in the costs of Seller resulting from state, federal or local legislation or any change in the rate charge or classification of any carrier.
4.10 You can pay for prints using either PayPal or our chosen credit card gateway, online. Please note: Our billing name on your statement will be will be “Heart & Soul Whisperer”.
Your payment will be processed upon receipt of your Order. The credit cards that are accepted from time to time will be described on the Site. A surcharge may apply for the use of certain credit cards, and where this is the case this will also be described on the Site.
4.11 Payment for the prints and all applicable delivery charges must be made in advance.
4.12 Upon our sending of your order confirmation by email, this contract is then deemed to be in force and all applicable clauses and terms apply.
4.13 Once delivery of your order has been signed for as accepted, your order and payment are considered complete.
4.14 Gift Vouchers are available and can be used to purchase Goods. Gift Vouchers are valid for 1 year and cannot be returned or exchanged for cash. Gift Vouchers can be redeemed at checkout and will be issued as a credit to the amount payable. All Gift Vouchers are expressed in Australian dollars. Returned items that were paid for with a Gift Voucher will be refunded as a store credit for you to use against a future purchase. If you return an item paid for by both a Gift Voucher and credit card or Paypal, you will be refunded on your credit card/Paypal up to the amount of your initial credit card/PayPal payment and the remaining amount will be refunded as a store credit.
Cancellation of orders by the Seller
5.1 The Seller may cancel an Order that it has already accepted if the Seller suspects that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these terms.
5.2 While the Seller endeavours to avoid pricing and other errors, inadvertent errors do occur from time to time and the Seller may also cancel an Order that it has accepted in such circumstances.
5.3 Unforeseen supply problems or unexpected demand may occasionally result in a Good being unavailable. If there is a delay in shipping your Order, we will contact you as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the Seller ships the Good to you.
5.4 You may also cancel an Order if the Seller is in breach of these terms.
Cancellation of Order by the Buyer
5.5 After acceptance by Seller, an order shall not be subject to cancellation by Buyer except with Seller’s advance written consent and upon terms that will indemnify Seller against all direct, incidental and consequential loss or damage including, but not limited to, the losses, damages and expenses.
Once an order is placed, cancellation is not possible once the item has been shipped and especially without getting our approval and informing us by email of your intent to cancel an order.
Updating an order
5.6 If necessary, you may cancel or update all or part of your order, provided you contact us before the next business day. Just contact us on 613-9629-7664, Monday to Friday 10.00 am am to 5.00pm. For orders placed on a weekend or holidays, notify us of the soonest 2 days after the holiday or on Monday. Please note all hours are Australian Eastern Standard Time. Or email us here
6.1 Production and delivery times may vary from product to product. Delivery time is determined by availability of the product and order destination. Standard production and delivery times are 4-6 weeks from the point of order, although we will always endeavour to reduce this where possible.
6.2 Products are generally dispatched within 24-48 hours, whenever possible, after our normal Production Turnaround time and standard shipping within Australia usually takes 3-7 business days, with international delivery 14-28 business days, where available, but please check the product’s delivery description for full details.
Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
For your peace of mind and Guaranteed Delivery, We use a traceable Shipping Service. This is a shipping service with a tracking system in place, on which requires a signature as receipt confirmation.
We always get signed proof of delivery. We keep a shipping tracer log that shows that our customer received the shipped goods.
6.3 Please be aware that personalisation, customisation, e.g. framing, and international options can add extra time to delivery expectations. Signed, limited edition prints and framed photographs may take up to 25 business days. Regarding art prints, we do not print the full edition numbers at once, so new batches from the edition may need to be printed, and then signed by the artist subject to their availability, which can delay delivery time.
6.4 Any delivery times displayed on the Site are estimates only, based on the information provided to the Seller by its shipping company.
6.5 The Seller will deliver the Good to the place of delivery you specify when making your Order. Title to and risk in the Good will pass to you upon delivery of the Good to this place of delivery.
6.6 If no one is available at the shipping address to take delivery, We will arrange with our carrier to redeliver the item. Otherwise it will be up to you to collect from the depot described on the delivery notice.
6.7 The print(s) will be your responsibility from the completion of delivery.
6.8 You are responsible for inspecting the external packaging of the prints, on receipt, and marking any noticeable damage on the delivery confirmation receipt as required by the courier.
6.9 Any items with a significantly damaged packaging box must be rejected by you, and returned to the courier at the point of attempted delivery. You must tell and point out to the person in charge delivering the goods about damaged packaged and to document it. We may also need to ask you a proof by emailing us picture of the damaged box for our reference. You must immediately inform us of any delivery rejection in order that we can contact the courier to resolve the situation.
6.10 Failure to inform us of any damage to the print(s) within 24 hours of the courier’s delivery receipt confirms your acceptance of your order in good condition.
Please note, we Never forward goods to a Post Office Box, with domestic billing addresses and foreign shipping addresses or to a transacton without matching billing address.
Customs, Excise Duties & Import Taxes
6.11 All prints are produced and shipped from Melbourne Australia
6.12 As a responsible international seller, we are legally bound to provide information the relevant import and export authorities when shipping prints to countries outside of Australia
6.13 We will ensure, where appropriate, that the value stated for the purposes of import and export to the country of delivery is accurate and correct, reflecting the actual material replacement cost of the order.
6.14 The payment of any import customs charges, duties and taxes, whether local or international, are the responsibility of the customer.
International Shipping Notes
6.15 For international orders, we may need to verify additional details regarding billing and shipping information, and may need to place conditions on the method of payment used. We may not be able to fulfill an order if we cannot verify information to our satisfaction. If we require additional information, we will be in contact with you at the email address you provide.
6.16 Customers are responsible for all international customs and duty fees as we are unable to calculate how much these fees are, if applicable. These are in addition to, and not included in, the cost of shipping and are incurred at the time of delivery. Please note that your customs agency or local post office may notify you that they are holding your package if duty is due. You should inquire with your local customs agency for more information and assistance in this area. Returns will not be accepted due to customs fees. We are not able to mark items as “gift”.
Orders Returned to Us by Shipper
6.17 If your order is returned to us and needs to be reshipped due to failed attempts by your postal carrier or customs office to contact you or you disregarding postal or customs notices to pick up your package, an additional flat shipping and handling rate will apply for all orders.
Loss in the Mail
6.18 If you think your order is lost in the mail, please review our estimated delivery times and check delivery status using the tracking information that was emailed to you. If you believe there is an issue, please email us and include your order number and “Lost in Mail” in the subject line. If we determine that your order is lost and that it has not been delivered to the address you provided, we will replace your order.
- 19 When placing an order, please review your shipping address to be sure it’s correct. We cannot assume responsibility for shipping charges, additional shipping charges or replacing items that are incorrectly delivered because of an incorrect address entered at the time the order was placed. If an incorrect shipping address is entered into our system and the order is returned to us, we will contact you as soon as possible. If the order needs to be reshipped due to an incorrect address, failed attempts by your postal carrier or customs office to contact you or you disregarding postal or customs notices to pick up your package, an additional shipping and handling rate will.
Unaffiliated third party Delivery service
6.20 We uses unaffiliated third party delivery service provider for the delivery of the goods and therefore any delivery times provided by us are estimates only and we shall not be liable for any reasonable delay in delivery.
6.21 As such, we are are not liable to causes of delivery delay beyond its reasonable control (force majeure), including, but not limited to, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, congestion, or malfunction.
Please note again:
For your peace of mind and Guaranteed Delivery, We use a traceable Shipping Service. This is a shipping service with a tracking system in place, on which requires a signature as receipt confirmation. We always get signed proof of delivery. We keep a shipping tracer log that shows that our customer received the shipped goods.
Claims & Commencement of Actions
- 22 Buyer shall promptly inspect all Products upon delivery to identify any damage resulting from shipment. Buyer agrees that any damages, and resulting claims, arising from shipment shall be satisfied solely through the insurance policy (the “Insurance”) issued by the insurance carrier covering the Product shipment, and Seller shall not be liable for any claims or damages not covered by Insurance. All claims pertaining to damage from shipment must be asserted in writing within ten (10) days after delivery of such Product or such claims are waived in perpetuity. Any lawsuit or other action by Buyer based upon breach of this contract or upon any other claim arising out of this sale must be commenced within thirty (30) days from the tender of delivery by Seller.
Risk of Loss
6.23 Title to and risk of loss of the Products shall pass to Buyer as soon as the Products are delivered by Seller to the carrier. Each shipment date is approximate, and Seller shall not be responsible for any damages of any kind resulting from any delay in shipment or delivery of any Products.
- Returns Policy
7.1 All print orders are for made-to-order products,made to measure, customized, on-demand photographic fine art prints, As such, the right to cancellation under the Consumer Protection (Distance Selling) Regulations does not apply.
7.2 Returns due to damaged goods will only be issued to the original purchaser who placed the order and should only be issued once the seller has confirmed receipt of the returned item.
Goods can only be returned and get a refund or exhanged if they are damaged or faulty.
You are required to take good care of the goods and you may be liable for the reduced value of goods caused by mishandling them beyond what’s necessary to be sure they work and are what you ordered.
If what you received is damaged or faulty you should notify to us in writing immediately, by email, fax or letter, and ask for a refund or replacement. In accordance to our return policy, we will send you a refund within 14 days of receiving the returned goods. Email us the date of when you send back the goods and their approximate delivery time to us.. For more details, check our Return policy page.
Please note refunds are possible only, as long as the merchandise is returned and received by us. Make sure that before you return the gods to us that you notify us first by email and send the goods with insurance. We require proof of delivery or return of goods to our return address. Forward by email the shipping and insurance details to us. We will not be held liable for lost or damaged item on the way if you have not insured the goods. It is only after we received and inspected the received goods that we can give refunds. For full Return and Refund Policy, check here
How long do I have to return an item?
- 3 We offer 30 day returns from receipt of your order for most products. All returns must be approved by us and, following approval, you have 10 days to return your item.
Once you returned the goods in accordance to our return policy, We need proof of damaged goods and proof of delivery to our return address, by email
Can I have a refund if I change my mind?
7.4 As all our Prints are made-to-order products, customized, on-demand photographic fine art prints, we do not allow returns or refunds Items due to remorse or change of mind reasons.
Does cooling-off period apply to Fine Art Prints
A cooling-off period is a set number of days after you make a purchase in which you can say, “Thanks, but no thanks. I want to cancel my transaction.
Many consumers are under the impression that they have a 3-day right to cancel any and all consumer purchases. However, this is not true. The right to cancel law applies only to very specific situations.
You won’t get a cooling-off period when you buy:
- something that deteriorates quickly – like flowers or food
- an item that was personalised or custom-made for you
- anything from a private individual rather than a business
- a CD, DVD or software, if you break the seal on the wrapping
Thus, as all our Prints are made-to-order products, customized, on-demand photographic fine art prints, cooling off period does not apply. So it is important to choose carefully. If you have any questions about anything, please contact us first by Phone or Email.
Returns and Damaged Goods Policy
All our products are checked before they leave our offices to ensure the highest quality print is packaged for you. We pack only in high quality multi-layer cardboard shipping tubes designed specifically for international shipping.
We take great care in the packaging and shipping of your prints.
7.5 If your product arrives damaged, please email us within 24 hours of delivery with a photo of the damaged area so that we can review and resolve the matter to your satisfaction. Email us and note in the subject line: “Damaged Print”
7.6 It is the customer’s responsibility to check for any damage that may have occurred during transit.
7.7 Damaged items should be covered by our shipping insurance, however we require immediate notification of any issues.You have 24 hours from the time of delivery to report any damage to us. It is essential that you contact us within the 24 hours, so that we can claim compensation from the courier company on your behalf, and reprint the print for you.
7.8 If you received incorrect Prints, where you have informed us within 24 hours of the delivery, it will be replaced by us free of charge.
7.9 If the item you wish to return is faulty, we will require photo proof of the faulty item and provide you with a stamped, self-addressed post pack, label or courier collection service in which to return it to the appropriate seller. You will then be offered a replacement of the faulty item or a full refund. Any refunds will be credited to the original payment method, eg. your credit card or PayPal account.
7.10 If the Items being return was damaged either by us or shipment, All items being returned must be dispatched/shipped within 10 days of the return being approved, and must be in original condition and packaging and not affected by being used in an abnormal way, or reduced in value by delay on your part. If these requirements are not met, we reserves the right to deny a return and refund.
7.11 Please ensure you use a trackable or signed-for delivery service such as registered post, as we cannot credit your account until the item has been received by the seller. We will not be held responsible for any damage or losses arising from the return shipment. For high value items, we advise the customer to purchase shipment insurance, as an additional measure to cover the full value of your goods.
RETURN POLICY – INTERNATIONAL ORDERS
7.12 Due to customs fees and potential return shipping damage, we cannot accept returns or exchanges on any prints if they are shipped internationally.
7.13 All orders that are delivered and confirmed as undamaged, or where we have not been informed of any courier damage within 24 hours of delivery, are deemed to have been accepted by you in good condition and will no longer be replaced by us for free on return of the damaged item for disposal.
7.14 Any damage caused after successful delivery is the responsibility of the customer, and any replacements will be provided subject to payment of the current print price on the website.
7.15 Damage caused during self-organised framing or mounting is the responsibility of the customer, and no refund for prints that have been spoiled in this way.
7.16 We reserve the right to charge for re-posting replacement orders, which have been especially produced to meet your personal requirements.
Is Inaccurate or incorrect Colour reproduction a valid reason for return?
7.17 The Colour settings and the type of your computer monitor that you use to view your image, have an influence on the perception of how your image should look. You should be aware that images viewed in the majority of web browsers are not colour accurate, and that prints may look slightly different. There is also a variation between different paper types.
7.18 If precise colours are important for you, you should contact us for more information before placing your order.
7.19 Since we cannot guarantee the accuracy of your monitor, we will not accept colour reproduction as a valid reason for return.
- Warranties and liability
8.1 Seller warrants that the Product is an original work of Dr Zenaidy Castro and is sold “as is” and in substantial compliance with the quality and condition portrayed on Seller’s website. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR OTHERWISE, ON THE PRODUCTS, OR ON ANY PARTS OR LABOR FURNISHED DURING THE SALE, DELIVERY, INSTALLATION, OR SERVICING OF THE PRODUCTS. Identical images published using different media, e.g. an original painting, giclee print (poster), image on a website etc., may have very different parameters, including, but not limited to color, brightness, lightness, hue, and therefore may look very different. This is attributable to the differences between types of media, consequently, we are not responsible for any variance in images.
- Limitation of Liability
9.1 In no event shall we or the Seller be liable to the buyer for any special, indirect, incidental or consequential damages arising out of or as the result of the sale, delivery, non-delivery, installation, use or loss of use of our products or any part thereof, or for any charges or expenses of any nature incurred without seller’s written consent, eventhough seller has been negligent. In no event shall seller’s liability under any claim made by the buyer exceed the purchase price of the products in respect of which damages are claimed.
9.2 Subject to the Seller’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the Seller is not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for loss of profits, revenue, goodwill or anticipated savings,
whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
9.3 The Seller’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
- Print Guarantee & Warranty
10.1 All prints are provided with a guarantee against colour degradation and fading, limited in time to the lifetime of the original purchaser.
10.2 This guarantee means that we will provide you with replacement print of the same size, specification and image where the visible colour content has deteriorated below 60% of its original saturation and density, subject to the following conditions:
- The print(s) must have been stored and displayed out of any form of direct sunlight during its entire lifetime.
- The print(s) must have been protected behind a material capable of removing at least 95% of all Ultra-Violet wavelengths of light during its entire lifetime.
- The print(s) have not been subjected to any temperature below 0°C or above 30°C during its entire lifetime.
- The print(s) have not been touched directly by any organic object or being, nor exposed to any form of liquid or potentially damaging substance during its entire lifetime.
10.3 To invoke the guaranteed replacement warranty, a claim should be sent by you to us in writing, detailing the specifics of the damage caused by fading, including photographs of the print(s) in question.
10.4 On receipt of a valid claim, we may require further independent specialist opinion to confirm the likely cause of damage, which will be provided at our cost.
10.5 Following confirmation by us (subject to any specialist opinion), a replacement print will be provided to you free of charge.
10.6 On receipt of the replacement, the original print must be either returned to us or destroyed (at our discretion) with proof of sending or destruction being provided by you within 3 working days.
10.7 This guarantee does not apply where the print has been damaged due to obvious wear and tear during the period of possession by the customer
11.1 The Buyer understands and agrees that the copyright (the “Copyright”) to the Products are retained by the original artist compiling the Product, and that the transaction contemplated herein is not a sale or license to the Copyright to Buyer. Buyer agrees not to reproduce or copy the Product.
11.2 No rights are conferred in the purchase of our print. You must not use, copy, modify or share these images in any manner.
11.3 By purchasing a print from us, you understand that you own a copy of an original photograph as captured by the original creator, Dr Zenaidy Castro
11.4 At no point do you, or will you, own the copyright of any image purchased from us as a print.
11.5 Prints may not be reproduced, copied, shared electronically or used for any commercial purposes without our prior, express, permission and any applicable fee (as determined by us) being paid.
11.6 It is illegal to produce copies of any work which is copyrighted by us, and we reserve the right to request legal assistance to enforce any applicable laws should any breach of copyright be discovered.
What is Heart & Soul Whsiperer Art Gallery copyright policy on saleable Prints
11.7 Our copyright policy for prints we have sold of our images is simple, they are the purchasers to do with as they wish under the proviso that it is for Personal use only.
11.8 By buying a photographic print, you are only acquiring material ownership of the print. No other rights are granted or implied. Any reproduction (copying), dissemination, leasing, public exhibition or other analogue or digital use is not permitted unless authorised by us. However, you can resell the print.
- Failure to Deliver on the Events Outside of Our Control
12.1 We will not be liable or responsible for any failure to deliver, or delay, any of our obligations under this contract that is caused by an event outside our control.
12.2 An event outside of our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an event outside of our control takes place that affects the performance of our obligations under this contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under this contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our control. Where the event outside of our control affects our delivery of your print(s) to you, we will arrange a new delivery date with you after the event outside of our control is over.
13 Our Right to Vary These Terms
13.1 We may revise these Terms from time to time.
13.2 Every time you order prints from us, the Terms in force at that time will apply to the Contract between you and us.
13.3 The Terms applicable to your contract will be determined as those published and active on the date your order was placed.
13.4 We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Site
- General restrictions
14.1 You must not disclose to any other person any user name and password that you used on our website. We will assume that any use of this Site made using that user name and password is you, and you will be responsible for any such use, except where you have notified us under paragraph (14.2).
14.2 You must notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you.
14.3 In using this Site, you must not:
- provide us with inaccurate or incomplete information;
- violate any applicable laws, or use this Site for any purpose that is unlawful or prohibited by these terms and conditions;
- impersonate any person;
- distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software; or
- engage in any other conduct that inhibits any other person from using or enjoying this Website.
Jurisdiction and Disputes
15.1 These terms are governed by Australian law.
15.2 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
15.3 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased a print as a gift, you may transfer the benefit of the our guarantee to the recipient of the gift without needing to ask our consent.
15.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, the recipient of your gift of a print will have the benefit of our guarantee, but we and you will not need their consent to cancel or make any changes to these Terms.
15.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.7 This Contract for the purchase of prints through our site and any dispute or claim arising out of or in connection with it will be governed by Asutralian law.
Website Content and for Permission
All of the content on this site may not be used or reproduced without our prior written approval. If you wish to reproduce, modify, or otherwise use materials you have viewed on this website, please contact us by email.
Display means the information and images Seller (“HEART & SOUL WHISPERER ART GALLERY”) has provided for inclusion on the Site to market its Goods.
Goods means products or services which are marketed by.
“Us” or “We” means HEART & SOUL WHISPERER ART GALLERY
Order means an order placed by a Customer to purchase a Good from Seller using the Site.
Returns Policy means the policy on returns and refunds stated on the Site and in the Site Terms.
Seller means HEART & SOUL WHISPERER ART GALLERY
Site means HEART & SOUL WHISPERER ART GALLERY at URL www.heartandsoulwhisperer.com.au
Site Payment Provider means any third party that HEART & SOUL WHISPERER ART GALLERY uses to collect payments from Customers (including a credit or debit card scheme or other payment processing service such as PayPal).
Definition of Editions
“Artist’s Proof” – A photographic fine art print, limited to a maximum edition run of 10 worldwide across all sizes. Each artist’s proof print is hand signed and marked with the edition type and number by Dr Zenaidy Castro, affixed with a unique serial numbered hologram set, provided with its certificate of authenticity which includes a matching hologram or embossed image. We personally inspects every step of the print process, matching colours to the original one-off “studio proof” we holds and packages the print himself before shipping in protective material via courier.
“Limited Edition” – A photographic fine art print, limited to a maximum edition run of 250 worldwide across all sizes. Each limited edition print is inspected, hand signed and marked with the edition type and number by Dr Zenaidy Castro.
“Open Edition” or “Poster Edition” – A reproduction print, unlimited in number worldwide, produced as part of a larger edition run with no signature or certification.
Terms and Conditions as a Legal Contract
A contract is an agreement made between two or more parties that is legally enforceable. Contracts can be written or verbal.
A contract arises when one party makes an offer and the other party communicates an intention to accept it.
You could be entering a contract by:
- signing a document
- selecting a product in a shop and paying for it at the check-out counter
- clicking on an ‘I agree’ button on a web page or clicking on the BUY button to finalise orders online.
Contracts have terms and conditions which set out the rights and responsibilities of each party to the contract.
- Make sure you read and understand the terms and conditions of a contract before you accept it. If you are unsure, seek legal advice.
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This Terms and Conditions of Sale was last updated July 23, 2017