Terms & Conditions ("Terms")
Last updated: 9 October, 2021
Introduction
I am a sole operator, creating artwork that inspires me and paintings that hold meaning to you. It’s important to me that you are happy with the artwork you purchase.
By buying an artwork through www.carinlavery.com you have accepted the Terms and Conditions stated here. Before purchasing, please read these Terms. They include the Returns Policy. The Privacy Policy can be found here.
Terms
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.carinlavery.com website (the "Service") operated by Carin Lavery ("us", "we", or "our").
These Terms and Conditions relate to the use of the website www.carinlavery.com and the sale of its associated products to a Purchaser (“you”).
The Terms and Conditions of sale for artwork and services on carinlavery.com are governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
If you wish to purchase any artworks and service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to authorised third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: artworks or service availability, errors in the description or price of the artworks or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
Every care is made with each artwork to provide detailed, accurate descriptions, including pricing.
We are constantly updating our offerings of artworks on the Service. The artworks (including pricing) available on the Service may be mispriced, described inaccurately or incompletely, or be unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. If a purchaser buys an artwork at an incorrect price, we reserve the right to honour the purchase, at the incorrect price, or cancel the order. We reserve the right to change or update information, including prices, and to correct errors, inaccuracies, or omissions at any time without prior notice.
We make considerable effort to achieve an artwork representation on the website as close as possible to the actual item. However, it is not possible to fully replicate an original artwork through photography online. Purchasers buy an artwork accepting a possible variation in colour, tone and cropping of the image.
Artwork sizing
All Original Watercolours, and Limited Edition Prints are supplied unframed and not ‘matted’ (an acid-free mat). The definition of ‘matted’ is: a matboard that surrounds the artwork, that has a hole cut to view the artwork, that provides a border to the artwork and protects it. The mat (matboard) is sized appropriately to suit the size of the Original Artwork and is created by the framer at the time of framing.
Whenever possible, artworks (Original Watercolours and Limited Edition Prints) are sized to suit ready-made frames available online or in a retail shop. Customers can also choose to have their artwork custom framed if they wish.
Dimensions stated for Original Artworks are the frame size required, which includes the mat. Dimensions stated for Limited Edition Prints is again the frame size required for the print.
In Australia, UK and Europe standard measurements are usually in centimetres. In the USA and Canada standard sizes are usually in inches. Some online shops cater for both.
Most artwork from www.carinlavery.com fits the 'A series' of sizes, ie A4, A3, A2, A1, A0. When possible, we have tried to include options in inches too and try to include suggestions for online framers in the USA and Canada who say they stock 'A' series frames. Different retailers on line specify slightly different conversion calculations between the A series sizes and inch sizes. For example, three different retailers on Amazon.com list A3 (29.7cm x 42cm) as being: 11.5" x 16.5" ; 11.75" x 16.5" ; 11 3/4 x 16 9/16. Google lists the conversion as being: 11.69" x 16.5". Therefore, the equivalent sizing to A series pictures, specified in inches is approximate.
If you wish to purchase a ready-made frame and/or are concerned about purchasing a frame size that may not be standard in your country, please check availability with your desired online store or framer before purchase.
Framing
All artwork is normally supplied not framed.
If customers are able to collect from St Kilda in Melbourne, Australia, we can supply framed artwork. This is not standard. In these instances we will let you know the cost of framing and delivery times. We might also charge a cost for time and other costs associated with framing.
All artwork we frame for customers is in a plain black or white wooden or aluminium frame. Our standard Returns Policy stated below also applies to framed artworks.
Taking care of artwork
Original Watercolours and Limited Edition Prints are produced on professional stock, designed to produce the best result for the customer. Some products, such as the Limited Edition Prints are produced on soft paper. Customers buy artwork on the understanding that they require care in handling. Each Original Artwork and Limited Edition Print is sold with a Certificate of Authenticity, which includes information about artwork care.
Each artwork is carefully checked by us, before dispatch, ensuring that there are no faults or marks prior to delivery.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Carin Lavery. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade address may not be used in connection with any artworks or service without the prior written consent of Carin Lavery. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Carin Lavery.
Carin Lavery has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Carin Lavery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such links to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Shipping Policy
From time to time, we may offer customers free shipping for a determined time period.
You are buying artwork direct from the artist.
Returns Policy
You are buying direct from the artist. If you have any queries, please contact me before purchase.
If there is a problem, please:
Refunds shall be paid in Australian dollars. For international customers, the amount received may differ from the amount charged at the time of purchase, due to fluctuations in exchange rates and/or other charges.
We shall refund you your purchase price, and any expense you incur from returning the artwork when we have verified that it is defective. If however, following examination, we determine that the artwork is not defective:
Indemnification
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns/assignees for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service or the products made available through the Service.
In no event shall we be liable for any direct, indirect, punitive, special, incidental or consequential damage (including personal injury or loss of business, revenue, profits, use, privacy, data, health and safety, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Carin Lavery, its subsidiaries, affiliates, and its licensors do not warrant that:
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service and the products made available through the Service, and supersede and replace any prior agreements we might have between us regarding the Service and the products made available through the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
Contact
If you have any questions about these Terms, please contact us.
Introduction
I am a sole operator, creating artwork that inspires me and paintings that hold meaning to you. It’s important to me that you are happy with the artwork you purchase.
By buying an artwork through www.carinlavery.com you have accepted the Terms and Conditions stated here. Before purchasing, please read these Terms. They include the Returns Policy. The Privacy Policy can be found here.
Terms
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.carinlavery.com website (the "Service") operated by Carin Lavery ("us", "we", or "our").
These Terms and Conditions relate to the use of the website www.carinlavery.com and the sale of its associated products to a Purchaser (“you”).
The Terms and Conditions of sale for artwork and services on carinlavery.com are governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
If you wish to purchase any artworks and service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to authorised third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: artworks or service availability, errors in the description or price of the artworks or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
Every care is made with each artwork to provide detailed, accurate descriptions, including pricing.
We are constantly updating our offerings of artworks on the Service. The artworks (including pricing) available on the Service may be mispriced, described inaccurately or incompletely, or be unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. If a purchaser buys an artwork at an incorrect price, we reserve the right to honour the purchase, at the incorrect price, or cancel the order. We reserve the right to change or update information, including prices, and to correct errors, inaccuracies, or omissions at any time without prior notice.
We make considerable effort to achieve an artwork representation on the website as close as possible to the actual item. However, it is not possible to fully replicate an original artwork through photography online. Purchasers buy an artwork accepting a possible variation in colour, tone and cropping of the image.
Artwork sizing
All Original Watercolours, and Limited Edition Prints are supplied unframed and not ‘matted’ (an acid-free mat). The definition of ‘matted’ is: a matboard that surrounds the artwork, that has a hole cut to view the artwork, that provides a border to the artwork and protects it. The mat (matboard) is sized appropriately to suit the size of the Original Artwork and is created by the framer at the time of framing.
Whenever possible, artworks (Original Watercolours and Limited Edition Prints) are sized to suit ready-made frames available online or in a retail shop. Customers can also choose to have their artwork custom framed if they wish.
Dimensions stated for Original Artworks are the frame size required, which includes the mat. Dimensions stated for Limited Edition Prints is again the frame size required for the print.
In Australia, UK and Europe standard measurements are usually in centimetres. In the USA and Canada standard sizes are usually in inches. Some online shops cater for both.
Most artwork from www.carinlavery.com fits the 'A series' of sizes, ie A4, A3, A2, A1, A0. When possible, we have tried to include options in inches too and try to include suggestions for online framers in the USA and Canada who say they stock 'A' series frames. Different retailers on line specify slightly different conversion calculations between the A series sizes and inch sizes. For example, three different retailers on Amazon.com list A3 (29.7cm x 42cm) as being: 11.5" x 16.5" ; 11.75" x 16.5" ; 11 3/4 x 16 9/16. Google lists the conversion as being: 11.69" x 16.5". Therefore, the equivalent sizing to A series pictures, specified in inches is approximate.
If you wish to purchase a ready-made frame and/or are concerned about purchasing a frame size that may not be standard in your country, please check availability with your desired online store or framer before purchase.
Framing
All artwork is normally supplied not framed.
If customers are able to collect from St Kilda in Melbourne, Australia, we can supply framed artwork. This is not standard. In these instances we will let you know the cost of framing and delivery times. We might also charge a cost for time and other costs associated with framing.
All artwork we frame for customers is in a plain black or white wooden or aluminium frame. Our standard Returns Policy stated below also applies to framed artworks.
Taking care of artwork
Original Watercolours and Limited Edition Prints are produced on professional stock, designed to produce the best result for the customer. Some products, such as the Limited Edition Prints are produced on soft paper. Customers buy artwork on the understanding that they require care in handling. Each Original Artwork and Limited Edition Print is sold with a Certificate of Authenticity, which includes information about artwork care.
Each artwork is carefully checked by us, before dispatch, ensuring that there are no faults or marks prior to delivery.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Carin Lavery. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade address may not be used in connection with any artworks or service without the prior written consent of Carin Lavery. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Carin Lavery.
Carin Lavery has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Carin Lavery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such links to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Shipping Policy
From time to time, we may offer customers free shipping for a determined time period.
You are buying artwork direct from the artist.
- I process the delivery myself, ensuring that it is packaged well and delivered using professional carriers.
- I aim to ship your artwork to you within two weeks of your order.
- Please let me know in the ‘note to seller’ option which is in the shopping cart if you need your artwork by a certain date. I will do my best to meet your date; however, sometimes it may not be possible.
- A ‘last order date’ is based on advice from shipping companies and suppliers, for example, ‘last international/domestic postage date for Christmas delivery’. I will do all I can to ensure you receive your artwork in time. However, I cannot guarantee delivery by a certain date.
- Upon ordering, you will receive an email confirming your order. You will receive a second email letting you know when your artwork has been shipped.
- I use well known and reputable shippers to ensure that your artwork is received in excellent condition.
- There are two price options. We recommend that you select ‘Express’ due to potential delays caused by COVID-19. Both options include tracking.
- International customers are responsible for any duties, taxes and/or government charges that may apply in their country.
Returns Policy
You are buying direct from the artist. If you have any queries, please contact me before purchase.
- Every care is made with each artwork to provide a detailed, accurate description, to package it securely and to use a professional delivery service.
- Due to this level of care, I do not expect there to be problems with the artwork you receive; it is very important to me that you are happy with your purchase.
- I make considerable effort to achieve an accurate representation of the actual artwork to the images on the website. However, it is not possible to fully replicate an original artwork through photography online. When you buy an artwork, you do so accepting a possible variation in colour, tone and cropping of the image.
- I give a 100% money back guarantee if the artwork is not fit for its intended purpose (i.e. is damaged).
- Whilst I will try to help you whenever I can, I am not able to offer refunds or exchanges due to: change of mind, incorrect selections, selecting a shipping price instead of a free-shipping option (if one exists) buying before applying a coupon voucher, applying an incorrect coupon code or if you don't like the product upon receipt.
- Instructions about how to return artwork are below.
If there is a problem, please:
- Email us within 24 hours, explaining the problem
- Email us a photograph showing the problem
- Return the artwork, with its original packaging within five working days
- Ensure it is packed securely
- Before sending, advise us the proposed shipping method and cost for returning the artwork.
- Receive our confirmation (including the return shipping address) before dispatching the artwork back to us.
Refunds shall be paid in Australian dollars. For international customers, the amount received may differ from the amount charged at the time of purchase, due to fluctuations in exchange rates and/or other charges.
We shall refund you your purchase price, and any expense you incur from returning the artwork when we have verified that it is defective. If however, following examination, we determine that the artwork is not defective:
- We may not be able to refund the purchase price or the cost of returning the artwork to us.
- If the artwork has been damaged on its return journey to us, due to insufficient packing, we may not be able to refund you the purchase price or the cost of returning the artwork.
- If you have not received confirmation from us to return the artwork, before dispatch back to us, we may not be able to refund the you the purchase price or the cost of returning the artwork to us.
Indemnification
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns/assignees for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service or the products made available through the Service.
In no event shall we be liable for any direct, indirect, punitive, special, incidental or consequential damage (including personal injury or loss of business, revenue, profits, use, privacy, data, health and safety, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Carin Lavery, its subsidiaries, affiliates, and its licensors do not warrant that:
- the Service will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the Service is free of viruses or other harmful components; or
- the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service and the products made available through the Service, and supersede and replace any prior agreements we might have between us regarding the Service and the products made available through the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
Contact
If you have any questions about these Terms, please contact us.
