TERMS & CONDITIONS

Welcome to Fern Street Gallery’s website and online store.
We want your experience on our site to be enjoyable. By shopping with us and using this website,
you acknowledge you have read and agree to Fern Street Gallery’s terms and conditions before placing an order with us.

Fern Street Gallery is an art gallery where artists sell their original artworks, and art prints.
 
Definitions
Fern Street Gallery will be referred to as us/we/our or Fern Street Gallery. fernstreetgallery.com.au will be referred to as our/this website or Fern Street Gallery.com.au and you, our customer or client, will be referred to as you/the client and is the person placing the order with us.
 
Application
Fern Street Gallery and you the client are bound by these terms and conditions for all orders placed, on this our official website, and retain all statutory rights under common law.
These terms and conditions are valid for orders provided by us to you, the client.
 
Usage
The artworks you order from Fern Street Gallery and sold to you by us are for your personal use and not for resale, unless other arrangements have been specifically made for wholesale or retail and there is a record of such an agreement.
 
Prices
All prices listed on our website are in Australian Dollars.
Fern Street Gallery reserves the right to change prices at any time, without prior notice, at our discretion.
The majority of prices do not include shipping. Shipping charges will be applied accordingly and specified at checkout.
 By placing an order, you agree to pay the stated price (plus any applicable shipping and handling charges) in Australian Dollars for all orders.
 
Payment
All payments must be made in full, prior to delivery of your purchase. We accept major credit cards, Visa, MasterCard, AMEX, PayPal and Afterpay. We also reserve the right to change our mode of payment at any time.
 
To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud or unauthorised access to a PayPal or Afterpay account.
 
We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions. If your payment is not received in full, or is declined by your bank, credit card issuer, PayPal or Afterpay, your order will not be processed.
 
Cancellation
You agree that you have carefully reviewed the product details before actually placing your order with us. Fern Street Gallery is not responsible for revising or cancelling orders once an order has been placed.
 
Cancellation of any orders by the client will only be accepted at the sole discretion of Fern Street Gallery. We may charge the client any costs and expenses already incurred.
 
Export Restrictions / Customs
All taxes and duties including customs and import taxes are the customer's responsibilities and may be a government requirement of import. Fern Street Gallery has no control over these and will not refund customers for any charges.
 
Disclaimer
Fern Street Gallery will not take responsibility for any damages after the artwork has been delivered in good condition. We are not responsible for any delivery delays after the order has left our store or due to any circumstances beyond our control.
 
Social Media
Fern Street Gallery operates social media accounts on Facebook and Instagram, and may use other social media in the future. We do not endorse the opinions expressed by the users on our social media pages.
 
By submitting content, you agree that we may use and reproduce this content including your name for testimonial or other purposes in any media and without any compensation to you.
 
You must not post any material that is defamatory, derogatory, racist, sexist, unlawful, obscene, infringing any third party’s intellectual property rights, breaching someone else’s confidentiality or privacy, misrepresenting your relationship with us or this website, misleading, false or deceptive on our social media pages. We reserve the right to edit or remove content that violates these Terms and to block your access to our page.
 
Intellectual property rights
All text, graphics, logos, icons, images, photographs and software that feature on our website are protected under Australian copyright laws. You must not reproduce, store, adapt, distribute, display, publish, or create similar works from them.
 
If you upload any material or content on our website or social media accounts, you grant us an irrevocable, royalty-free licence to use and reproduce that material or content. Having said that, we do not claim ownership of intellectual property rights in respect to user content.
 
Availability of this Website
Occasionally downtime on Fern Street Gallery’s website, either scheduled or unscheduled, may occur. We will not be held liable for the consequences of any downtime.
 
Links to third-party Websites
Fern Street Gallery’s website may contain links to other websites. Unless stated otherwise, we do not control, endorse, sponsor or approve such third-party websites or their contents, nor are we liable and responsible for any loss or damage that you may suffer as a result of your visits to any third-party websites.
 
Interference with this Website
You agree not to make or attempt to modify, hack, remove, deface, add or otherwise interfere with Fern Street Gallery’s website or to any material or content posted on this website.
 
Limitation of Liability
Fern Street Gallery shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in orders nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue, death or personal injury) whether from negligence or otherwise in connection with the supply, functioning or use of orders. Any liability of Fern Street Gallery shall in any event be limited up to the price paid for the goods or services relating to the event. The client shall fully indemnify Fern Street Gallery against any liability to third parties arising out of the client’s use of the order.
 
Copyright
Fern Street Gallery is protected by Australian and international copyright laws and by other applicable laws. You may not process any content owned by someone else without the written consent of the owner of such content. You are solely responsible for any copyright violations that may incur as a result of your activities with Fern Street Gallery.
 
Indemnity
You will indemnify, defend, and hold harmless, Fern Street Gallery, including its officers, directors, employees, affiliates, licensors, suppliers, information providers, and agents from and against all losses, claims, liabilities, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of the terms or any activity related to the service (including negligent or wrongful conduct by you or by any other person accessing our service as your invitee, such as by using your account).