Terms and Conditions
1. About the Website
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1.1 Welcome to the website and online gallery of Andrea Moser Art. This website allows you to browse and buy various products that have been listed for sale on the site. The website provides this service by way of granting you access to the content on the website.
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1.2 The website is operated by Andrea Moser who provides you with access to and use of the website, or any of its associated products or services. Throughout the website, the terms “we”, “us” and “our” refer to Andrea Moser Art. Please read these Terms and Conditions (Terms) carefully before accessing our website.
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1.3 Andrea Moser reserves the right to review and change any of the Terms by updating this page at its sole discretion. It is your responsibility to check this page periodically for changes. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
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2.1 You accept the Terms by remaining on the website. By accessing or using, any part of this website, you agree to be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, you must cease usage of the website or any of its services immediately.
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3. Your Membership Account
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3.1 To access the shopping services, you must first register as a user of this website. As part of the registration process, you may be required to provide personal information about yourself including:
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Name
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Email address
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Mailing address
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Phone number
3.2 You warrant that any information you give to Andrea Moser while completing the registration process will always be accurate, correct and up-to-date.
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3.3 Once you have completed the registration process, you will be a registered member of the website (Member) and agree to be bound by the Terms. As a member, you will be granted immediate access to the shopping services
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3.4 You may not use the shopping services and may not accept the Terms if:
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You are not of legal age to form a binding contract with Andrea Moser, or
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You are a person barred from receiving shopping services under the laws of Australia or other countries including the country in which you are a resident or from which you use the shopping service.
4. Your obligations as a member
4.1 As a member, you agree to comply to use the website only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction
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4.2 You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of shopping services.
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4.3 Any use of your registration information by any other person or third party is strictly prohibited. You agree to immediately notify Andrea Moser of any unauthorised use of your password or email address or any breach of security of which you have become aware.
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4.5 Access and use of the website is limited, non-transferable and allows for the sole use of the website by you for Andrea Moser providing shopping services.
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4.6 You are prohibited from using the website or its content:
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for any illegal or unauthorised use
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to solicit others to perform or participate in any unlawful acts
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to violate any international, federal, or state regulations, rules or laws
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to infringe upon our intellectual property rights or the intellectual property rights of others
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to upload malware that will or may be used to affect the functionality or operation of the website
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to collect or track the personal information of members of this site
5. Accuracy and Timeliness of Information
5.1 Andrea Moser attempts to be as accurate as possible. However, Andrea Moser does not warrant that product images of artworks on this site are accurate. Depending on the electronic device used to display artwork images the physical artwork may differ in appearance or colour from its electronic representation.
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5.2 The material on this site is provided for general information only and should not be relied on or used as the sole basis for making decisions without consulting more complete and timely information sources. Any reliance on the information on this site is at your own risk.
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5.3 We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to our site.
6. Purchase of Products
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6.1 In using the website to buy a product you will agree to the payment of the purchase price listed on the website for the product.
​Colours of Andrea Moser Art products may vary due to device display differences, monitor settings, inherent product variations, lighting conditions, and screen calibration. While we strive for accuracy, slight variations may occur. For any concerns, contact our customer support. Your satisfaction is our priority.
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6.2 Payment of the purchase price may be made through Stripe or PayPal (payment providers). In using the website, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions and other relevant legal documentation provided by the payment providers.
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6.3 Following payment of the purchase price being confirmed by Andrea Moser, you will be issued with a receipt to confirm that the payment has been received and Andrea Moser may record your shopping details for future use.
7. Delivery
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7.1 You acknowledge that the shopping services offered by Andrea Moser integrate delivery by third-party delivery companies (Delivery Service Providers).
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7.2 Andrea Moser may provide you with a variety of delivery and insurance options offered as part of the delivery services by the delivery service providers. You acknowledge and agree that Andrea Moser is not the provider of these delivery and insurance options and merely facilitates your interaction with the delivery service providers for providing delivery services.
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7.3 If an item is lost or damaged during the delivery, Andrea Moser asks that you:
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contact the delivery service provider directly to request a refund or to claim on any insurance options available; and
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contact us by sending an email to info@andreamoserart.com outlining in what way the products were damaged in transit so we can determine if the delivery service provider should be removed from providing delivery services.
8. Warranty
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8.1 Andrea Moser's products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the product. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty).
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8.2 You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the products within 7 days from the date of purchase (Warranty Period).
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8.3 To make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Andrea Moser showing the date of purchase of the products, provide a description of the failure and the price paid for the products by sending written notice to Andrea Moser by email at info@andreamoserart.com
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8.4. Where the Warranty Claim is accepted then Andrea Moser will, at its sole discretion, either repair or replace any defective products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
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8.5 The Warranty shall be the sole and exclusive warranty granted by Andrea Moser and shall be the sole and exclusive remedy available to you in addition to other rights and under a law concerning the products to which this warranty relates.
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8.6 All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
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8.7 The Warranty does not apply to any appearance of the supplied products nor the additional excluded items set forth below nor to any supplied products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
9 Copyright and Intellectual Property
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9.1 The website, the shopping services and all the related products of Andrea Moser are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the website content and compilation such as text, graphics, logos, button icons, video images, audio clips and software (content) are owned or controlled for these purposes and reserved by Andrea Moser or its contributors.
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9.2 Andrea Moser retains all rights, title and interest in and to the website and all related content. Nothing you do on or concerning the website will transfer to you:
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the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Andrea Moser; or
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the right to use or exploit a business name, trading name, domain name, trademark industrial design; or
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a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
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9.3 You may not, without the prior written permission of Andrea Moser and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose. This prohibition does not extend to materials on the website, which are freely available for re-use or are in the public domain.