Terms of Use

1. Orders + Payments

1.1 You may order Artwork by following the instructions on Our website (https://curatorialandco.com) (Gallery).

1.2 Unless otherwise stated, all fees are quoted in Australian Dollars. Prices displayed on the Gallery are subject to change without notice. Once an Order has been accepted by Us, the price of the Artwork cannot be varied except by agreement in writing between you and Us.

1.3 Any order for Artwork must be paid for in full prior to delivery. You are responsible for paying any fees and applicable taxes associated with any Artwork purchase made through the Gallery using a valid payment method.

1.4 We reserve the right to decline to sell Artwork to you and may cancel your order at any time prior to dispatch of the Artwork.

1.5 We do not accept any responsibility for orders that are declined, delayed or not accepted due to disruptions with internet connections.

1.6 Subject to clauses 1.7 and 1.8 below, your purchase of Artwork is final. We will not refund the purchase price in circumstance where you have changed your mind or otherwise no longer wish to proceed with the transaction.

1.7 At our absolute discretion, we may provide you with a store credit to the value of your purchase in the event that you wish to exchange Artwork purchased by you for different available in the Gallery. We will provide such a credit only in circumstances where the Artwork and its packaging are returned complete and undamaged, that is in original condition, to Us by you.

1.8 Where the artist has already been paid at the time of the return for a store credit, all commissions or discounts paid to third parties must be returned and a 15% of sale price restocking fee will apply.

2. Accuracy of Information

2.1 The information on the Gallery regarding Artwork is sourced from third parties. While We endeavour to ensure that the content of the Gallery is correct and up to date, We take no responsibility for the accuracy, currency, reliability or correctness of any information that is sourced from third parties.

2.2 Each item of Artwork available for purchase will be identified in the Gallery through one or more photographs. While those photographs are true photographs of each item of Artwork, you expressly acknowledge that characteristics such as shape, dimensions and colour may differ slightly between the photographic image(s) and the physical Artwork itself.

3. Shipping + Insurance

3.1 We will only deliver Artwork ordered through from the Gallery to a physical address in Australia nominated by you (Delivery Address). We will not deliver to post office boxes.

3.2 You may obtain further information on the Gallery about our delivery timeframes and how we deliver Artwork. The delivery fee to deliver your order to the Delivery Address depends on the dimensions and weight of the Artwork you have purchased (Delivery Fee) and we will notify you of the Delivery Fee when you place your order.

3.3 We will include shipping insurance as part of every delivery fee. This insurance will cover the delivery from Our premises to the Delivery Address.

3.4 You acknowledge and agree that any person at the Delivery Address who receives the Artwork is authorised by you to receive your order. We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification). If the order has been paid by credit card, then We may also ask you to show Us the credit card for Us to conduct Our verification checks.

3.5 Risk and title to the Artwork passes to you on the date and time of delivery to the Delivery Address.

4. Limitation of liability

4.1 You specifically acknowledge that any Artwork purchased by you from the Gallery is provided “as is”.

4.2 Subject to these terms and conditions, to the fullest extent permitted by the law, We:

    (a) exclude any and all liability to you for:

        (1) any loss or damage of any kind (including liability to a third party), including but not limited to loss of revenue, business profits, goodwill or data, or indirect, consequential, incidental, special exemplary or punitive loss or damage (“Loss”), suffered by you in any way relating to these terms and conditions, regardless of the basis of such liability and even if advised of the likelihood of such Loss;

        (2) any Loss suffered by you or any third party arising from any other circumstance beyond Our control;

        (3) any Loss suffered by you (including any damage to, or theft of, the Artwork during delivery in the event that you do not elect to take out insurance);

        (4) any Loss suffered by you or any third party arising from your reliance on information on Our website sourced from third parties;

    (b) exclude all terms, conditions, warranties and guarantees implied by custom, the general law or any Law;

    (c) limit Our aggregate liability to you in connection with these terms and conditions, any Repairs or your purchase of Artwork to the purchase price of Artwork.

4.3 Any condition, warranty or guarantee that the Law applies to your purchase of Artwork under these terms and conditions is taken to be included in these terms and conditions, if that legislation renders void or prohibits contractual provisions which:

    (a) exclude, restrict or modify; or

    (b) which have the effect of excluding, restricting or modifying the application of, exercise of a right conferred by, or any liability under, such condition, warranty or guarantee (“Non-excludable Guarantee”).

4.4 To the maximum extent permitted by law, We limit Our liability for any breach of any Non-excludable Guarantee, at Our option, to one or more of the following:

    (a) in respect of purchases of Artwork:

        (1) where possible, the replacement of the Artwork;

        (2) the repair of the Artwork;

        (3) the payment of the cost of replacing the Artwork; or

        (4) the payment of the cost of having the Artwork repaired;

4.5 You expressly acknowledge and agree that:

    (a) your use of the Artwork is entirely at your own risk;

    (b) We make no warranties that the Artwork will be suitable for your intended use, or that defects in the Artwork will be corrected;

    (c) no advice or information, whether oral or written, obtained by you from Us or the Gallery will create any warranty not expressly included in these terms and conditions or required by law;

    (d) to the maximum extent permitted by law, We exclude and limit Our liability to you in accordance with this clause 4.

5. Idemnity

5.1 You will indemnify Us (and Our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of purchasing Artwork from the Gallery.

6. Amendment to Terms + Conditions

6.1 We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on Our website (https://curatorialandco.com)

7. General Provisions

7.1 These terms and conditions constitute the entire agreement between you and Us regarding your purchase of Artwork.

7.2 Title and risk in the Artwork pass to you at the point of dispatch by Us to you. We do not accept any responsibility for any delays associated with the delivery of the Artwork to you by a third party.

7.3 If We waive, in whole or part, any rights available to Us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

7.4 If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions, in which case, the remainder of these terms and conditions shall nevertheless continue in full force.

7.5 The laws governing these terms and conditions will be the laws in the State of New South Wales, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State, without regard to conflict of law provisions.

8. Privacy

8.1 You agree that We may collect, process, store and use data collected from your order for the purposes of processing your order by Us. By placing your order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Artwork that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an small fee for processing such a request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please also refer to our Privacy Policy.