TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

 

1. OVERVIEW

 

1.1 WELCOME TO FREEMAN GALLERY. THIS WEBSITE IS OPERATED BY FREEMAN STORE PTY LTD ACN 645 099 047 (TRADING AS ‘FREE-MAN STORE’) (REFERRED TO AS "WE" AND "OUR" AND "US"). OUR ABN IS 54 645 099 047. WE OFFER THIS WEBSITE, INCLUDING ALL INFORMATION, TOOLS AND SERVICES AVAILABLE FROM THIS WEBSITE TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES AND NOTICES STATED HERE.

 

1.2 BY VISITING OUR WEBSITE AND/OR COMPLETING ONLINE FORMS, YOU ENGAGE IN OUR "SERVICES" AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF USE", "TERMS"), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/OR CONTRIBUTORS OF CONTENT.

 

1.3 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THESE TERMS OF USE, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF USE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF USE.

 

1.4 ANY NEW FEATURES OR TOOLS WHICH ARE ADDED TO THE CURRENT WEBSITE WILL ALSO BE SUBJECT TO THE TERMS OF USE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF USE AT ANY TIME ON THIS PAGE. WE RESERVE THE RIGHT TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF USE BY POSTING UPDATES AND/OR CHANGES TO OUR WEBSITE WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

 

 

2. CONCIERGE, DESIGN SERVICES AND CUSTOM FURNITURE

 

2.1 TO THE FULLEST EXTENT PERMITTED BY LAW, WHEN ENGAGING US FOR ANY OF OUR SERVICES, YOU AGREE THAT WE HOLD NO LIABILITY, INSURANCE OR RESPONSIBILITY FOR THESE PRODUCTS AS WE SIMPLY ACT AS REPRESENTATIVES. ANY CLAIMS RELATING TO PRODUCTS THAT ARE NOT FIT FOR PURPOSE, DAMAGED OR DEFECTIVE MUST BE MADE BY YOU DIRECTLY AGAINST THE SUPPLIER AND/OR MANUFACTURER, HOWEVER, AT ALL TIMES, SUBJECT TO THE FULLEST EXTENT OF THE AUSTRALIAN CONSUMER LAWS AND REGULATIONS AND TERM 16.6.

 

2.2 SUBJECT AT ALL TIMES TO TERM 8 OF THESE TERMS OF USE, ONCE YOUR CUSTOMER ORDER IS PLACED WITH US, EITHER IN-STORE OR ONLINE, WE WILL PROVIDE AN ESTIMATED DELIVERY TIME FRAME. PLEASE NOTE THAT DELIVERY TIMES ARE SUBJECT TO LONGER PERIODS IF YOU LIVE IN A MORE RURAL AREA.

 

2.3 IF AN ORDER HAS CUSTOM FURNITURE AND ANOTHER ITEM, THE OTHER ITEM WILL NOT BE SHIPPED OUT UNTIL THE CUSTOM FURNITURE IS READY FOR SHIPPING. THIS MEANS THERE MAY BE ADDITIONAL WAIT PERIODS TO RECEIVE YOUR CUSTOM FURNITURE PLUS NORMAL FURNITURE OR OVERSIZED ITEMS ALL AT ONCE.

 

2.4 VISUAL REPRESENTATIONS OR IMAGES OF PRODUCTS CONTAINED ON OUR WEBSITE OR ELSEWHERE ARE FOR ILLUSTRATIVE PURPOSES ONLY AND ARE NOT TO SCALE. THE ACTUAL PRODUCT MAY VARY IN SIZE, COLOUR, AND FINISHING. WE ARE NOT LIABLE IN ANY WAY IF ORDERED PRODUCTS VARY IN THEIR APPEARANCE. YOU ACKNOWLEDGE THAT EACH CUSTOM-MADE ITEM WILL BE UNIQUE. PRODUCTS LISTED, TOGETHER WITH THEIR DESCRIPTIONS AND SPECIFICATIONS ARE NON-EXHAUSTIVE AND MAY BE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

 

2.5 IF YOU PURCHASE OUR PRODUCTS, INCLUDING CUSTOM-MADE PRODUCTS, THROUGH OUR SERVICES AND YOU SUBSEQUENTLY ENGAGE OUR DESIGN SERVICES, HOURLY RATES WILL BE CHARGED THEREAFTER IN RELATION TO THE DESIGN SERVICES IN ACCORDANCE WITH OUR RATES TO BE ADVISED FROM TIME TO TIME.

 

2.6 TO THE EXTENT PERMITTED BY LAW, ONCE AN ORDER IS PLACED, WE DO NOT OFFER CANCELLATIONS, RETURNS OR REFUNDS FOR CHANGE OF MIND.

 

 

3. PRODUCT IRREGULARITIES AND VARIANCES

 

3.1 SMALL IRREGULARITIES AND DIFFERENCES IN SHAPE, GENERAL DIMENSIONS, FINISHES, AND SURFACES DO EXIST WITH OUR PRODUCTS. THESE ARE HALLMARKS OF UNIQUE CRAFTSMANSHIP OF THE PRODUCT AND SHOULD NOT BE CONSIDERED AS DEFECTS BUT AS A SIGN OF AUTHENTICITY OF THE PRODUCT.

 

3.2 YOU ACKNOWLEDGE THAT TABLES, DESKS, SOFAS, ARMCHAIRS, AND OTHER TYPES OF FURNITURE AND EXPOSED SURFACES MAY DEVELOP IMPERFECTIONS (SUCH AS CRACKS) DUE TO TEMPERATURE CHANGES AND TIME.

 

3.3 SOME OF THE MATERIALS USED TO CONSTRUCT THE FURNITURE, PARTICULARLY FINISHES AND FITTINGS, MAY COMPRISE NATURAL PRODUCTS, SUCH AS STONE, METAL, TIMBER AND THE LIKE AND THESE MATERIALS MAY:

 

(A) EXHIBIT VARIATIONS AND IMPERFECTIONS SUCH AS IN SHADE, COLOUR, TEXTURE, SURFACE, FINISH, MARKINGS OR THE LIKE AND MAY CONTAIN NATURAL FISSURES, OCCLUSIONS, LINES, INDENTATIONS OR THE LIKE;

 

(B) EXPAND, CONTRACT OR DISTORT OVER TIME AS A RESULT OF EXPOSURE TO HEAT, COLD, CHANGES IN HUMIDITY, TEMPERATURE OR THE LIKE;

 

(C) MARK OR STAIN IF EXPOSED TO CERTAIN SUBSTANCES; OR

 

(D) BE DAMAGED OR DISFIGURED BY IMPACT OR SCRATCHING OR OTHER MECHANICAL MEANS.

 

3.4 YOU AGREE THAT THE KINDS OF MATTERS AND IMPERFECTIONS DESCRIBED IN TERM 3.3 ARE NOT DEFECTS AND THAT WE DO NOT HAVE AN OBLIGATION TO FIX OR REPAIR THESE KINDS OF IMPERFECTIONS.

 

3.5 YOU AGREE THAT YOU WILL NOT OBJECT IN RELATION TO ANY OF THE MATTERS SET OUT IN TERM 3.3.

 

3.6 DUE TO THE HANDCRAFTED NATURE OF OUR ITEMS EACH PIECE IS UNIQUE AND FINISHES AND COLOURS CAN VARY SLIGHTLY FROM ONE ANOTHER. WE THEREFORE ALLOW FOR VARIANCES ON EACH ORDERED PRODUCT.

 

3.7 ALTERATIONS: PLEASE NOTE ONCE ANY ITEM IS ALTERED IN ANY WAY CHANGING THE NATURE OF THE ITEM SUCH AS UPHOLSTERY, CUSTOMERS OWN MATERIAL, SIZING AND THIRD-PARTY ALTERATIONS ALL WARRANTY IS VOIDED. 

 

4. GENERAL CONDITIONS

 

4.1 WE RESERVE THE RIGHT TO REFUSE SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.

 

4.2 YOU UNDERSTAND THAT YOUR CONTENT (NOT INCLUDING CREDIT CARD INFORMATION), MAY BE TRANSFERRED UNENCRYPTED AND INVOLVE:

 

(A) TRANSMISSIONS OVER VARIOUS NETWORKS; AND

 

(B) CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS OR DEVICES.

 

4.3 CREDIT CARD INFORMATION IS ALWAYS ENCRYPTED DURING TRANSFER OVER NETWORKS.

 

4.4 YOU AGREE NOT TO REPRODUCE, DUPLICATE, COPY, SELL, RESELL OR EXPLOIT ANY PORTION OF THE SERVICES, USE OF THE SERVICES, OR ACCESS TO THE SERVICES OR ANY CONTACT ON THE WEBSITE THROUGH WHICH THE SERVICES ARE PROVIDED, WITHOUT EXPRESS WRITTEN PERMISSION BY US.

 

4.5 THE HEADINGS USED IN THESE TERMS OF USE ARE INCLUDED FOR CONVENIENCE ONLY AND WILL NOT LIMIT OR OTHERWISE AFFECT THESE TERMS.

 

5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

5.1 WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS WEBSITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE MATERIAL ON THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION. ANY RELIANCE ON THE MATERIAL ON THIS WEBSITE IS AT YOUR OWN RISK.

 

5.2 THIS WEBSITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS WEBSITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON OUR WEBSITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR WEBSITE.

 

6. OPTIONAL TOOLS

 

6.1 WE MAY PROVIDE YOU WITH ACCESS TO THIRD-PARTY TOOLS (SUCH AS ONLINE ORDERING FACILITIES) OVER WHICH WE NEITHER MONITOR NOR HAVE ANY CONTROL NOR INPUT.

 

6.2 YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE ACCESS TO SUCH TOOLS "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND AND WITHOUT ANY ENDORSEMENT. WE WILL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF OPTIONAL THIRD-PARTY TOOLS.

 

6.3 ANY USE BY YOU OF OPTIONAL TOOLS OFFERED THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND DISCRETION AND YOU SHOULD ENSURE THAT YOU ARE FAMILIAR WITH AND APPROVE OF THE TERMS ON WHICH TOOLS ARE PROVIDED BY THE RELEVANT THIRD-PARTY PROVIDER(S).

 

6.4 WE MAY ALSO, IN THE FUTURE, OFFER NEW SERVICES AND/OR FEATURES THROUGH THE WEBSITE (INCLUDING, THE RELEASE OF NEW TOOLS AND RESOURCES). SUCH NEW FEATURES AND/OR SERVICES WILL ALSO BE SUBJECT TO THESE TERMS OF USE.

 

 

7. ONLINE ORDERING AND PRICING

 

7.1 ALL ONLINE PRICING EXCLUDES TAXES (INCLUDING GST) AND DELIVERY FEES. DELIVERY FEES ARE CHARGED IN ADDITION TO THE TOTAL PRICE OF EACH PRODUCT ORDERED.

 

7.2 WE MAY FROM TIME TO TIME REVISE THE INFORMATION IN RELATION WITH THE ONLINE ORDERING APPLICATION AND/OR PROCESS AND RESERVE THE RIGHT TO MAKE SUCH CHANGES WITHOUT ANY OBLIGATION TO NOTIFY ANY PAST, CURRENT OR PROSPECTIVE CUSTOMERS. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN AND/OR IN RELATION WITH THE ONLINE ORDERING PROCESS.

 

7.3 BY ORDERING PRODUCTS ONLINE, YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE ONLINE ORDERING APPLICATION AND/OR PROCESSES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED ACCORDING TO THE APPLICABLE LAW, IN NO CIRCUMSTANCES, WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSSES, COSTS OR EXPENSES NOR FOR ANY LOSS OF PROFIT THAT RESULTS FROM THE USE OF, OR INABILITY TO USE THIS ONLINE ORDERING AND/OR ANY APPLICATION AND/OR MATERIAL ON ANY SITE LINKED TO THIS ONLINE ORDERING APPLICATION (INCLUDING BUT NOT LIMITED TO ANY VIRUSES OR ANY OTHER ERRORS OR DEFECTS OR FAILURES IN COMPUTER TRANSMISSIONS OR NETWORK COMMUNICATIONS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, NO LIABILITY CAN BE ACCEPTED BY US IN RESPECT OF ANY CHANGES MADE TO THE CONTENT OF THE ONLINE ORDERING APPLICATION AND/OR PROCESS BY UNAUTHORISED THIRD PARTIES. ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED ACCORDING TO THE APPLICABLE LAW.

 

7.4 IF YOU DECIDE TO ORDER ONLINE USING THE ONLINE ORDERING APPLICATION, YOU MAY BE ASKED TO PROVIDE FULL CONTACT DETAILS AND/OR TO CREATE AN ACCOUNT AND YOU MAY NEED TO ACCEPT COOKIES. YOU MUST KEEP YOUR DATA CONFIDENTIAL AND MUST NOT DISCLOSE IT TO ANYONE. WE RESERVE THE RIGHT TO SUSPEND THE USE OF THE ONLINE ORDERING APPLICATION AND/OR PROCESS IF YOU BREACH THESE TERMS OF USE.

 

7.5 ALL OF OUR PRODUCTS ARE MADE TO ORDER BY THIRD-PARTY SUPPLIERS. WE HOLD NO STOCK AT OUR STORE LOCATION OR AT OUR WAREHOUSE FACILITIES. UPFRONT PAYMENT IS REQUIRED IN FULL BEFORE YOUR ORDER CAN BE SUCCESSFULLY PROCESSED.

 

7.6 YOU ACKNOWLEDGE AND AGREE THAT ALL ORDERS ARE TREATED AS AN EXPRESS INTENTION TO PURCHASE THE NOMINATED PRODUCTS FOR THE AGREED ONLINE PRICES, AND WE TREAT THIS AS A BINDING OFFER FROM YOU TO PURCHASE SUCH PRODUCTS. ANY VARIATIONS MUST BE IN WRITING, OTHERWISE THEY WILL NOT BE BINDING ON EITHER PARTY.

 

7.7 WE RESERVE THE RIGHT TO REFUSE ANY SERVICE, TERMINATE YOUR ACCESS TO THE ONLINE ORDERING APPLICATION AND/OR PROCESS, REMOVE OR EDIT ANY CONTENT OR ACCEPT YOUR ORDER/S IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO YOU. OUR ONLINE ORDERING APPLICATION MUST ONLY BE USED BY PERSONS OVER THE AGE OF 18 YEARS, OR THE MINIMUM LEGAL AGE AS PERMITTED BY THE LAW OR OTHERWISE UNDER THE SUPERVISION OF AN ADULT OR GUARDIAN.

 

7.8 THE ACCEPTANCE OF ANY ORDER FOR ANY OF THE PRODUCTS WILL BE AT OUR ENTIRE DISCRETION. OUR ACCEPTANCE OF AN ORDER MAY OCCUR WHEN YOU RECEIVE AN ON-SCREEN MESSAGE AND/OR EMAIL NOTIFICATION AND/OR AN SMS, CONFIRMING YOUR ORDER.

 

7.9 ANY PRODUCTS PROVIDED THROUGH THE ONLINE ORDERING APPLICATION ARE DONE SO ON AN "AS IS" AND "IF AVAILABLE" BASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY EXCLUDE ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS WITH RESPECT TO THE ONLINE ORDERING OR THE CONTENT OR PRODUCTS DISPLAYED ON IT, WHETHER EXPRESS OR IMPLIED, UNLESS EXPRESSLY STATED TO THE CONTRARY.

 

7.10 NOTE THAT IF YOU ORDER ONLINE, THE PRICE CHARGED MAY BE DIFFERENT TO THE PRICE FOR THE PRODUCTS HAD THEY BEEN ORDERED IN-STORE OR BY TELEPHONE.

 

7.11 YOU CAN PAY BY ANY OF THE METHODS LISTED IN OUR CHECKOUT SCREEN. PLEASE ENSURE THAT IF YOUR ORDER IS PLACED USING A CREDIT OR DEBIT CARD, THAT THE CARD IS VALID ON THE DATE OF YOUR ORDER PLACEMENT. WE MAY PROVIDE NO REFUNDS TO THE ORDERS PAID ONLINE. CONTACT US DIRECTLY TO SETTLE ANY PAYMENT DISPUTE OR REFUND CLAIM.

 

7.12 ONCE THE ONLINE ORDER IS PLACED IT CANNOT BE MODIFIED OR CANCELLED EITHER THROUGH THE WEBSITE. ANYHOW, IF YOU WISH TO CANCEL OR COMPLAIN ABOUT YOUR ORDER, PLEASE CALL US AND WE CAN SEE HOW WE CAN HELP YOU.

 

7.13 PAYMENT FOR GOODS AND/OR SERVICES IS DUE 7 BUSINESS DAYS FROM THE DATE OF THE INVOICE. IN THE EVENT THAT PAYMENT IS NOT RECEIVED BY THE DUE DATE, THE CLIENT SHALL BE LIABLE TO PAY INTEREST ON THE OUTSTANDING AMOUNT AT THE RATE OF 2.75% PER MONTH, CALCULATED FROM THE DUE DATE UNTIL THE DATE OF PAYMENT.

 

 

8. DELIVERY, SHIPPING, AND RISK

 

8.1 YOU ACCEPT AND ACKNOWLEDGE THAT DELIVERY OF YOUR ORDERED PRODUCTS WILL NOT BE PROCESSED UNTIL FULL PAYMENT HAS OCCURRED. PAYMENT INCLUDES ALL ASSOCIATED FREIGHT COSTS.

 

8.2 WE GENERALLY CHOOSE OUR NOMINATED CARRIER AT YOUR COST. IF YOU WISH OR REQUIRE NOMINATING YOUR OWN CARRIER, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED TO THE PRODUCTS WHILE THEY ARE IN TRANSIT. WE AT ALL TIMES HAVE A RIGHT TO REJECT THE CARRIER NOMINATED BY YOU. IN THIS INSTANCE, WE WILL NOMINATE A CARRIER AND ARRANGE DELIVERY AT YOUR COST.

 

8.3 IF YOU ARE USING YOUR NOMINATED CARRIER, YOU ACCEPT AND ACKNOWLEDGE THAT RISK OR LOSS OR DAMAGE TO THE PRODUCTS WILL PASS TO YOU WHEN THE PRODUCTS HAVE BEEN CONSIGNED TO YOUR CARRIER AND THE CARRIER HAS REMOVED THE PRODUCTS FROM OUR PREMISES.

 

8.4 IF WE USE OUR NOMINATED CARRIER, YOU ACCEPT AND ACKNOWLEDGE THAT RISK WILL PASS TO YOU UPON DELIVERY AT THE FIRST ACCESS POINT OF YOUR DELIVERY ADDRESS (FOR EXAMPLE, FRONT DOOR OR ENTRANCE TO THE MAIN FLOOR OF AN APARTMENT). ANY DELIVERIES CARRIED INTO THE DELIVERY ADDRESS WILL ONLY BE MADE IF THE DRIVER AND YOU CONSENT TO THIS.

 

8.5 WE WILL AIM TO PROVIDE YOU WITH YOUR ORDERED PRODUCTS AS CLOSE AS POSSIBLE TO YOUR REQUESTED DELIVERY/COLLECTION TIME, BUT WE CANNOT GUARANTEE THE DELIVERY TIME IN ALL THE CASES. DELIVERY TIME MAY BE AFFECTED DUE TO BAD WEATHER, FREIGHT TRAFFIC CONDITIONS, INDUSTRIAL DISTURBANCES, DELAYS IN TRANSIT, DAMAGE TO GOODS IN TRANSIT OR SHORTAGES OF GOODS. DELIVERY SERVICE MAY BE TEMPORARILY UNAVAILABLE IN SELECTED AREAS DUE TO BAD WEATHER OR UNFORESEEN CIRCUMSTANCES.

 

8.6 UPON RECEIVING YOUR ORDER, WE WILL LET YOU KNOW THE ESTIMATED SHIPPING AND DELIVERY TIMEFRAME. WE WILL KEEP YOU UPDATED IF THIS TIMEFRAME IS EXPECTED TO BE DELAYED. PLEASE NOTE THAT EACH OF THE PRODUCTS LISTED ARE SUBJECT TO CONTRASTING LEAD TIMES WHICH ARE SUBJECT TO CHANGE WITHOUT NOTICE.

 

8.7 WE NOTIFY YOU AND YOU ACKNOWLEDGE THAT WHERE THE PRODUCTS ARE SENT BY US THROUGH A ROUTE INVOLVING SEA TRANSIT, IT IS USUAL FOR YOU TO INSURE AGAINST LOSS OR DAMAGE. FOR THE AVOIDANCE OF ANY DOUBT, THIS TERM 8.4 IS SUFFICIENT NOTICE REQUIRED UNDER SECTION 35(3) OF THE SALE OF GOODS ACT 1923 (NSW) TO NOTIFY YOU TO INSURE AGAINST EACH PRODUCT PURCHASED FROM US.

 

8.8 IF YOU ASK US TO POSTPONE DELIVERY OF THE PRODUCTS BEYOND THE SCHEDULED DELIVERY DATE, WE WILL STORE THE PRODUCTS AT EITHER OUR SHOWROOM OR WAREHOUSE LOCATION (STORAGE) AND YOU WILL BE INVOICED MONTHLY FOLLOWING DELIVERY FOR REASONABLE ADMINISTRATION AND STORAGE COSTS. IF WE FAIL TO MAKE YOUR PRODUCTS AVAILABLE FOR PICK UP ON THE SCHEDULED DELIVERY DATE, THEN YOU WILL NOT BEAR ANY ADMINISTRATION AND STORAGE COSTS.

 

8.8.1 ITEMS WILL BE HELD AT THE COMPANY'S WAREHOUSE FOR TWO WEEKS. IF THE CLIENT FAILS TO COLLECT THE ITEMS WITHIN THE TWO-WEEK PERIOD, FREEMAN GALLERY RESERVES THE RIGHT TO CHARGE A STORAGE FEE.

 

8.8.2 THE STORAGE FEE SHALL BE AS PER THE MONTHLY STORAGE RATES OF THE NOMINATED STORAGE PROVIDER AND WILL BE APPLIED FOR EACH SUBSEQUENT WEEK OR PART THEREOF UNTIL THE ITEMS ARE COLLECTED OR ALTERNATIVE ARRANGEMENTS ARE MADE. ITEMS WILL NOT BE RELEASED OR DELIVERED UNTIL PAYMENT FOR STORAGE COSTS AND DELIVERY IS MADE. 

 

8.9 IF YOU ELECT TO PICK UP YOUR PRODUCTS FROM STORAGE BEYOND THE SCHEDULED DELIVERY DATE, YOU AGREE THAT YOU ACCEPT ALL RISKS AND ASSOCIATED LIABILITIES IN CONNECTION TO THE PICKUP AND DELIVERY FROM THE MOMENT THE PRODUCTS LEAVE STORAGE AND THEREAFTER. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE MOMENT THE PRODUCTS ARE PICKED UP BY YOU AND TO THE MOMENT THE PRODUCTS ARE RESTED IN THEIR PERMANENT POSITION.

 

8.10 FREEMAN GALLERY RETAINS OWNERSHIP OF THE ITEMS UNTIL FULL PAYMENT, INCLUDING ANY ACCRUED INTEREST AND STORAGE FEES, IS RECEIVED. FREEMAN GALLERY MAY, AT ITS DISCRETION, TAKE LEGAL ACTION TO RECOVER THE OUTSTANDING AMOUNT AND/OR DISPOSE OF THE ITEMS TO RECOVER THE OUTSTANDING DEBT.

 

 

9. FORCE MAJEURE

 

9.1 IF WE ARE UNABLE BY REASON OF:

 

(A) ANY INDUSTRIAL DISPUTE; OR

 

(B) THE FAILURE OF ANY PERSON TO SUPPLY ANY GOODS OR SERVICES; OR

 

(C) LAW, RIOT, GOVERNMENT RESTRICTIONS, CIVIL COMMOTION, PANDEMIC OR ACT OF NATURE; OR (D) ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL, TO DELIVER ANY SERVICES OR SUPPLY ANY PRODUCTS, THEN WE WILL BE UNDER NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) AND MAY GIVE WRITTEN NOTICE TO YOU TO EXTEND THE TIME FOR PERFORMANCE OF OUR OBLIGATIONS UNDER THIS AGREEMENT.

 

9.2 BOTH YOU AND WE ACKNOWLEDGE THAT THE FAILURE TO SUPPLY SERVICES OR PRODUCTS UNDER THIS AGREEMENT BECAUSE OF ANYTHING SET OUT IN THIS TERM 9 WILL NOT ENTITLE EITHER PARTY TO TREAT THIS AGREEMENT AS REPUDIATED.

 

 

10. RETURNS AND EXCHANGES

 

10.1 WE DO NOT OFFER REFUNDS OR EXCHANGES ON CANCELLATIONS OR RETURNS DUE TO “CHANGE OF MIND”.

 

10.2 PLEASE TAKE CARE WHEN UNPACKING AND MANTLING YOUR PRODUCT ONCE RECEIVED AS WE ARE NOT LIABLE FOR ANY DAMAGE INCURRED BY YOU OR DELIVERY CONTRACTORS IN THIS PROCESS.

 

11. THIRD-PARTY LINKS

 

11.1 CERTAIN CONTENT, PRODUCTS AND SERVICES AVAILABLE VIA OUR SERVICES MAY INCLUDE MATERIALS FROM THIRD-PARTIES. THIRD-PARTY LINKS ON THIS WEBSITE MAY DIRECT YOU TO THIRD-PARTY WEBSITES THAT ARE NOT AFFILIATED WITH US. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY AND WE DO NOT WARRANT AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD-PARTIES.

 

11.2 WE ARE NOT LIABLE FOR ANY HARM OR DAMAGES RELATED TO THE PURCHASE OR USE OF GOODS, SERVICES, RESOURCES, CONTENT, OR ANY OTHER TRANSACTIONS MADE IN CONNECTION WITH ANY THIRD-PARTY WEBSITES. PLEASE REVIEW CAREFULLY THE THIRD-PARTY'S POLICIES AND PRACTICES AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU ENGAGE IN ANY TRANSACTION. COMPLAINTS, CLAIMS, CONCERNS, OR QUESTIONS REGARDING THIRD-PARTY PRODUCTS SHOULD BE DIRECTED TO THE THIRD-PARTY.

 

12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

12.1 IF, AT OUR REQUEST, YOU SEND CERTAIN SPECIFIC SUBMISSIONS (FOR EXAMPLE CONTEST ENTRIES) OR WITHOUT A REQUEST FROM US YOU SEND CREATIVE IDEAS, SUGGESTIONS, PROPOSALS, PLANS, OR OTHER MATERIALS, WHETHER ONLINE, BY EMAIL, BY POSTAL MAIL, OR OTHERWISE (COLLECTIVELY, "COMMENTS"), YOU AGREE THAT WE MAY, AT ANY TIME, WITHOUT RESTRICTION, EDIT, COPY, PUBLISH, DISTRIBUTE, TRANSLATE AND OTHERWISE USE IN ANY MEDIUM ANY COMMENTS THAT YOU FORWARD TO US. WE ARE AND WILL BE UNDER NO OBLIGATION:

 

(A) TO MAINTAIN ANY COMMENTS IN CONFIDENCE;

 

(B) TO PAY COMPENSATION FOR ANY COMMENTS; OR

 

(C) TO RESPOND TO ANY COMMENTS.

 

12.2 WE MAY, BUT HAVE NO OBLIGATION TO, MONITOR, EDIT OR REMOVE CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION IS UNLAWFUL, OFFENSIVE, THREATENING, LIBELLOUS, DEFAMATORY, PORNOGRAPHIC, OBSCENE OR OTHERWISE OBJECTIONABLE OR VIOLATES ANY PARTY'S INTELLECTUAL PROPERTY OR THESE TERMS OF USE.

 

12.3 YOU AGREE THAT YOUR COMMENTS WILL NOT VIOLATE ANY RIGHT OF ANY THIRD-PARTY, INCLUDING COPYRIGHT, TRADE MARK, PRIVACY, PERSONALITY OR OTHER PERSONAL OR PROPRIETARY RIGHT. YOU FURTHER AGREE THAT YOUR COMMENTS WILL NOT CONTAIN LIBELLOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL, OR CONTAIN ANY COMPUTER VIRUS OR OTHER MALWARE THAT COULD IN ANY WAY AFFECT THE OPERATION OF THE SERVICES OR ANY RELATED WEBSITE.

 

12.4 YOU MAY NOT USE A FALSE EMAIL ADDRESS, PRETEND TO BE SOMEONE OTHER THAN YOURSELF, OR OTHERWISE MISLEAD US OR THIRD-PARTIES AS TO THE ORIGIN OF ANY COMMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY COMMENTS YOU MAKE AND THEIR ACCURACY. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY COMMENTS POSTED BY YOU OR ANY THIRD-PARTY.

 

13. PERSONAL INFORMATION

 

YOUR SUBMISSION OF PERSONAL INFORMATION THROUGH THIS WEBSITE IS GOVERNED BY OUR PRIVACY POLICY.

 

 

14. ERRORS, INACCURACIES AND OMISSIONS

 

14.1 OCCASIONALLY THERE MAY BE INFORMATION ON OUR WEBSITE OR IN THE SERVICES THAT CONTAINS TYPOGRAPHICAL ERRORS, INACCURACIES OR OMISSIONS THAT MAY RELATE TO PRODUCT DESCRIPTIONS, PRICING, PROMOTIONS, OFFERS, PRODUCT SHIPPING CHARGES, TRANSIT TIMES AND AVAILABILITY. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).

 

14.2 WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE, INCLUDING WITHOUT LIMITATION, PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE OR REFRESH DATE APPLIED IN THE SERVICES OR ON ANY RELATED WEBSITE SHOULD BE TAKEN TO INDICATE THAT ALL INFORMATION IN THE SERVICES OR ON ANY RELATED WEBSITE HAS BEEN MODIFIED OR UPDATED.

 

 

15. PROHIBITED USES

 

15.1 IN ADDITION TO OTHER PROHIBITIONS AS SET OUT IN THESE TERMS OF USE, YOU ARE PROHIBITED FROM USING THE WEBSITE OR ITS CONTENT:

 

(A) FOR ANY UNLAWFUL PURPOSE;

 

(B) TO SOLICIT OTHERS TO PERFORM OR PARTICIPATE IN ANY UNLAWFUL ACTS;

 

(C) TO VIOLATE ANY INTERNATIONAL, FEDERAL, PROVINCIAL OR STATE REGULATIONS, RULES, LAWS, OR LOCAL ORDINANCES;

 

(D) TO INFRINGE UPON OR VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS;

 

(E) TO HARASS, ABUSE, INSULT, HARM, DEFAME, SLANDER, DISPARAGE, INTIMIDATE, OR DISCRIMINATE BASED ON GENDER, SEXUAL ORIENTATION, RELIGION, ETHNICITY, RACE, AGE, NATIONAL ORIGIN, OR DISABILITY;

 

(F) TO SUBMIT FALSE OR MISLEADING INFORMATION;

 

(G) TO UPLOAD OR TRANSMIT VIRUSES OR ANY OTHER TYPE OF MALICIOUS CODE THAT WILL OR MAY BE USED IN ANY WAY THAT WILL AFFECT THE FUNCTIONALITY OR OPERATION OF THE SERVICES OR OF ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET;

 

(H) TO COLLECT OR TRACK THE PERSONAL INFORMATION OF OTHERS;

 

(I) TO SPAM, PHISH, PHARM, PRETEXT, SPIDER, CRAWL, OR SCRAPE;

 

(J) FOR ANY OBSCENE OR IMMORAL PURPOSE; OR

 

(K) TO INTERFERE WITH OR CIRCUMVENT THE SECURITY FEATURES OF THE SERVICES OR ANY RELATED WEBSITE, OTHER WEBSITES, OR THE INTERNET.

 

15.2 WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF THE SERVICES OR ANY RELATED WEBSITE FOR VIOLATING ANY OF THE PROHIBITED USES.

 

 

16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

16.1 WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

 

16.2 WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

 

16.3 YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

 

16.4 YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US OR IF CANNOT BE EXCLUDED BY LAW) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

 

16.5 IN NO CASE WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

16.6 IF WE ARE LIABLE FOR BREACH OF ANY TERM IMPLIED BY LAW, WE LIMIT THAT LIABILITY WHERE WE ARE ENTITLED TO DO SO TO:

 

(A) REPLACEMENT OR REPAIR OF THE PRODUCT OR PAYMENT OF THE COST OF REPLACING OR REPAIRING THE PRODUCT; AND

 

(B) SUPPLYING THE SERVICES AGAIN OR PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

 

 

INDEMNIFICATION

 

16.7 TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY US, DEFEND AND HOLD US HARMLESS, AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE SOLICITOR'S FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.

 

 

17. SEVERABILITY

17.1 IF ANY PROVISION (OR PART OF A PROVISION) OF THESE TERMS OF USE IS DETERMINED TO BE UNLAWFUL, VOID OR UNENFORCEABLE, IT WILL NONETHELESS BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE UNENFORCEABLE PORTION WILL BE DEEMED TO BE SEVERED FROM THESE TERMS OF USE. SUCH DETERMINATION WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER REMAINING PROVISIONS.

 

 

18. TERMINATION

 

18.1 THESE TERMS OF USE ARE EFFECTIVE UNLESS AND UNTIL TERMINATED BY EITHER YOU OR US. YOU MAY TERMINATE THESE TERMS OF USE AT ANY TIME BY NOTIFYING US THAT YOU NO LONGER WISH TO USE OUR SERVICES, OR WHEN YOU CEASE USING OUR WEBSITE.

 

18.2 IF IN OUR SOLE JUDGMENT YOU FAIL, OR WE SUSPECT THAT YOU HAVE FAILED, TO COMPLY WITH ANY TERM OR PROVISION OF THESE TERMS OF USE, WE ALSO MAY TERMINATE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE AND YOU WILL REMAIN LIABLE FOR ALL AMOUNTS DUE UP TO AND INCLUDING THE DATE OF TERMINATION, AND/OR ACCORDINGLY WE MAY DENY YOU ACCESS TO OUR SERVICES (OR ANY PART THEREOF).

 

18.3 THE OBLIGATIONS AND LIABILITIES OF THE PARTIES INCURRED PRIOR TO THE TERMINATION DATE WILL SURVIVE THE TERMINATION OF THE AGREEMENT FORMED BY THESE TERMS OF USE FOR ALL PURPOSES.

 

 

19. ENTIRE AGREEMENT

 

19.1 THE FAILURE OF US TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF USE WILL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

 

19.2 THESE TERMS OF USE AND ANY POLICIES OR OPERATING RULES POSTED BY US ON THIS WEBSITE OR IN RESPECT TO THE SERVICES CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND US AND GOVERN YOUR USE OF THE SERVICES, SUPERSEDING ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND US (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS OF USE).

 

19.3 ANY AMBIGUITIES IN THE INTERPRETATION OF THESE TERMS OF USE WILL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY.

 

 

20. GOVERNING LAW

 

THESE TERMS OF USE AND ANY SEPARATE AGREEMENTS WHEREBY WE PROVIDE YOU SERVICES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW SOUTH WALES, AUSTRALIA. THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THAT STATE.

 

 

21. CHANGES TO TERMS OF USE

 

21.1 YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF USE AT ANY TIME AT THIS PAGE.

 

21.2 WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO UPDATE, CHANGE OR REPLACE ANY PART OF THESE TERMS OF USE BY POSTING UPDATES AND CHANGES TO OUR WEBSITE. IT IS YOUR RESPONSIBILITY TO CHECK OUR WEBSITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF OR ACCESS TO OUR WEBSITE OR THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

 

 

22. CONTACT INFORMATION

 

IF YOU HAVE ANY QUESTIONS ABOUT OUR TERMS OF USE, PLEASE CONTACT US.