Terms and Conditions
These Terms and Conditions constitute a contract between the customer (You) and Artificially Real.
1. Agreement
1.1
In these Terms and Conditions We, Our or Us means Artificially Real; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2
By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Product(s).
1.3
The Agreement together with Your Order constitutes the entire agreement between Us and You for the supply of Product(s). The Agreement cannot be varied unless We agree to vary it in writing or by email.
2. Legal Capacity
If you are under the age of eighteen (18) years you cannot place orders with Artificially Real through the website. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
3. Website Use
3.1
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
3.2
You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.3
You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4. Pricing
4.1
Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:
- by agreement between You and Us in writing or by email; or
- in accordance with clause 7.4.
4.2
All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
5. Product Specifications
5.1
Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.
5.2
All weights and dimensions of Products described in the Website are approximate.
6. Orders
6.1
You may place an Order by following the instructions on the Website. By placing an Order, you make an offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
6.2
Orders will be deemed to have been received by Artificially Real at the time Artificially Real sends an Order confirmation to Your nominated e-mail address.
6.3
Artificially Real will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4
Artificially Real reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
6.5
In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.6
Artificially Real does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7
Artificially Real shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Artificially Real (or its affiliates), and Artificially Real shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8
Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
7. Payment
7.1
You may provide Your nominated credit card during the purchase process described on the Website.
7.2
Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3
If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
7.4
Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product’s correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product’s correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
8. Delivery and ownership of the goods
8.1
We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Artificially Real does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2
The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Artificially Real. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by
email via the email address nominated in their Order. Customers are permitted to cancel their Order and receive a refund at any time prior to dispatch of the Product(s).
8.3
Artificially Real will not deliver Products to PO Box addresses.
8.4
Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
8.5
The couriers or postal services nominated by Artificially Real will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.6
Artificially Real is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Artificially Real (as notified to the Customer) in relation to date and time of delivery. Artificially Real shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
8.7
Artificially Real reserves the right to not ship to remote or rural locations.
9. Faulty or damaged goods
Artificially Real will repair, replace or refund faulty or damaged Products in accordance Your rights under the Australian Consumer Law.
10. Refunds and returns
10.1
Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
10.2
All refunds may take up to 10 business days to be processed.
10.3
Artificially Real does not accept returns or Refunds in the case of a change of mind.
10.4
In order to facilitate a return under warranty or faulty or damaged goods, please contact Us through Customer Service within 7 days of receipt of goods.
10.5
The Customer must comply with directions from staff to facilitate a return.
10.6
Returned products, under these Terms & Conditions, goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.
10.7
Subject to clause 10.8, it is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.
10.8
Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of:
- the nature of Our failure to comply with the consumer guarantee, or
- the size or height, or method of attachment, of the Product.
Where You are returning a Product to us, we take no responsibility for a Product lost in transit. If subsection (b) applies, We will, within a reasonable time, collect the Products at Our expense.
11. Warranties
11.1
Each Product sold on the Website is covered by warranties under Australian Consumer Law.
11.2
Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
12. Liability
To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under Australian Consumer Law.
13. Intellectual Property
All Intellectual Property in any Material on the Website is the property of ARTIFICIALLY REAL (PETROB PTY LTD). Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
14. Privacy
By placing your Order or otherwise contacting Artificially Real, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. 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 Artificially Real products 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 administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy for more details.
15. Miscellaneous
15.1
Title and risk in Artificially Real’s products pass to You at the point of dispatch or embarkation by Artificially Real to Your courier.
15.2
Artificially Real reserves the right to make changes to the Artificially Real Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
15.3
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
15.4
A failure or delay by Artificially Real to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Artificially Real does not preclude its future ability to exercise that or any other power or right.
15.5
Insofar as they apply to the ordering, purchase, fulfilment and delivery of Artificially Real Products from www.artificiallyreal.com.au these Artificially Real Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
15.6
No Artificially Real employee or agent has the authority to vary any of the Terms and Conditions governing any sale.