RHONDA PRYOR, Visual Artist Terms and Conditions

WHAT THESE TERMS COVER, AND WHY YOU SHOULD READ THEM

These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

These terms and conditions and the order form the contract between you and us and shall be effective for all orders placed with us, and shall take precedent over any other terms or discussions taken place between you and us.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

Definitions

In these conditions the following terms shall have the following meaning:

“Rhonda” means Rhonda Pryor, visual artist.
“Customer” means the customer of Rhonda.
“Contract” means any contract for the sale of goods by Rhonda to the Customer.

OUR PRODUCTS

Specifications

Products may vary slightly from their pictures. The images of the products on our website and/or our promotional literature are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.

Your product may vary slightly from those images. Measurements indicated on our website may have a slight variation.

Product packaging may vary. The packaging of the product may vary from that shown on images on our website.

Rhonda reserves the right to alter specifications to those stated on the website, including slight differences in colour, shade and size. The Customer’s statutory rights will not be affected.

ORDERS

Orders

Our acceptance of your order will take place when we email you to accept the order, at which point a contract will come into existence between you and us.

If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, inability to obtain authorisation for payment, the item has been withdrawn or because we are unable to meet a delivery deadline you have specified.

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

PRICE AND PAYMENT

Where to find the price for the product

The price of the product (which does not include GST as the business is not registered for GST at this time) will be the price indicated on the order pages when you placed your order.

Payment

Payments will be pre-authorised at the time of placing an order. No goods shall be supplied without payment.

We use Stripe and PayPal’s secure payment gateways; they handle the transaction on our behalf and as such we do not at any time gain access to your full payment method details, except your address which is necessary in order for us to fulfil your order. We do not store credit card details.

PROVIDING THE PRODUCTS

Delivery

The costs of delivery will be as displayed to you on our website, or as told to you during the order process.

During the order process we will let you know when we will provide the products to you. Please note we do not deliver to PO boxes.

Your order will be sent to the address you have entered under ‘shipping address.’ We will endeavour to spot mistakes but we cannot be held responsible for missing parcels due to address errors. If a parcel is returned to us as undeliverable due to your address error we can re send your item but there will be an additional delivery charge.

Unforeseen delays

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

Delivery time

Items ordered that are in stock should be dispatched within one business day of the order being placed. We will try and inform you if there is any delay and when you can expect delivery.

We use Pack & Send to send artworks unless instructed otherwise. We use Australia Post to send kits. We send you an email when your order has been dispatched.

On average, customers in Australia will receive their goods within 2-7 days from dispatch.

If you are not at home when the product is delivered

If no one is available at your address to take delivery and the products cannot be left safely, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

When you own goods

You own a product once we have received payment in full.

When you become responsible for the product

The product will be your responsibility from the time we deliver the product to the address you gave us.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will use the personal information you provide to us:

• to supply the products to you;
• to process your payment for the products;
• should you choose to subscribe at checkout, we will email to you newsletters and invitations to exhibitions, but you may unsubscribe from these at any time by contacting us;
• we will process your personal data in accordance with Australian Privacy Principles which can be found here: https://www.oaic.gov.au/privacy/australian-privacy-principles/;
• We will not share customer details with any third parties.

CLAIMS

Claims arising from damage, delay or partial loss of the goods in transit must be made in writing to Rhonda within seven working days of delivery. Rhonda shall be afforded reasonable opportunity to investigate any claim made hereunder, and the Customer shall, if so requested in writing or verbally by Rhonda, promptly return any of the goods subject to any claim and any packing materials securely packaged to Rhonda for examination.

LIABILITY

If the Customer establishes that any of the goods have not been delivered, or have been delivered damaged, or are not of the correct quantity, Rhonda shall, at her option, replace them with similar goods, or allow the Customer credit for their invoice value.

If the Customer establishes that any of the goods are defective Rhonda shall, at her option, replace them with similar goods or allow the Customer credit for their invoice value.

In no circumstances shall the liability of Rhonda to the Customer under this condition exceed the invoice value of the goods.

We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Please refer to NSW Fair Trading and the Australian Competition & Consumer Commission’s websites for more information on your consumer rights:

• https://www.accc.gov.au/consumers/consumer-rights-guarantees
• https://www.fairtrading.nsw.gov.au/buying-products-and-services

COPYRIGHT

Please note that Rhonda Pryor retains ownership of all copyright upon sale of goods.

HOW TO CONTACT US

Email: hello@rhondapryor.com

Phone: +61 2 421 640 892

How we may contact you

If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order. We cannot be held responsible if the details that you have provided to us are incorrect, and therefore it is your responsibility to ensure you keep us updated with any change of these contact details