Terms and Conditions
1. Introduction
Welcome to Kiss My Art HQ Pty Ltd! These terms and conditions (the “Agreement”) govern your use of our website and services. By using our website and services, you agree to be bound by this Agreement.
2. Definitions
In this Agreement:
• “We,” “us,” and “our” refer to Kiss My Art HQ Pty Ltd.
• “You” and “your” refer to the user of our website and services.
• “Art” refers to the handcrafted, textured artworks sold on our website.
• “Handcrafted” means that the Art has been created by hand and not by automated means.
3. Orders and Payment
• All orders for Art are subject to acceptance by us. We reserve the right to reject any order at any time, for any reason.
• Payment for Art is due at the time of purchase.
• We accept the following payment methods:
• PayPal
• Visa
• Mastercard
• Electronic Funds Transfer (EFT)
4. Delivery
• We will make every effort to deliver Art to you as soon as possible.
• Delivery times are estimates only and are not guaranteed.
• We are not responsible for delays or failures to deliver due to causes beyond our control, including but not limited to natural disasters, labor disputes, supply chain disruptions, and government actions.
• Insurance for transit is the customer’s responsibility.
5. Returns and Refunds
Please refer to our Returns & Refunds Policy, available on our website.
6. Intellectual Property
• All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of Kiss My Art HQ Pty Ltd or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.
• You may not reproduce, distribute, display, or transmit any content on our website without our prior written permission.
7. Limitation of Liability
• To the fullest extent permitted by law, Kiss My Art HQ Pty Ltd shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from:
• Your use of our website or services
• Delays or disruptions in delivery
• Loss or damage occurring during transit
• Loss of profits, goodwill, use, data, or other intangible losses
• This limitation does not apply where prohibited by law, including under the Australian Consumer Law (ACL).
8. Indemnification
• You agree to indemnify and hold us harmless from any and all claims, damages, liabilities, costs, and expenses, including but not limited to legal fees, arising out of or in connection with your use of our website or services.
9. Governing Law
• This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia.
• Any legal action or proceeding shall be brought exclusively in the courts of Queensland, Australia.
10. Amendments
• We reserve the right to modify this Agreement at any time.
• Any changes will be effective immediately upon posting on our website.
• Your continued use of our website or services after changes have been made constitutes acceptance of the new terms.
11. Termination
• We may terminate this Agreement at any time, for any reason.
• Upon termination, you must immediately cease all use of our website and services.
12. Consumer Guarantees
• The Australian Consumer Law (ACL) provides consumers with certain rights and guarantees in relation to goods and services purchased from businesses.
• Nothing in this Agreement limits or modifies your rights under the ACL, including the right to repair, replacement, or refund for faulty goods where required by law.