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 Art's products are covered by guarantees under the Australian Consumer Law. Customers are entitled to a replacement or refund for major product failures. Customers are also entitled to have products repaired if they are not of acceptable quality, and the failure is not considered major.
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8.2 Warranty claims for material defects and workmanship must be made within 30 days of the purchase date (Warranty Period).
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8.3 To make a warranty claim, customers must provide proof of purchase, a description of the defect, and the purchase price to Andrea Moser Art via email at info@andreamoserart.com.
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8.4 If the warranty claim is accepted, Andrea Moser Art will, at its discretion, repair the defective product within the Warranty Period, at no cost for labour. Customers are responsible for all shipping costs associated with the warranty claim.
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8.5 This warranty is the sole warranty provided by Andrea Moser Art and is the exclusive remedy for customers, in addition to other legal rights.
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8.6 All implied warranties, including merchantability and fitness for use, are limited to the Warranty Period.
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8.7 This warranty does not cover cosmetic wear, excluded items, or damage caused by misuse, abnormal handling, or unauthorised modifications.
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.
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10 Privacy
10.1 By visiting our website, using our applications, products or services, or otherwise interacting with us, you consent to the collection, retention, use, and disclosure of your Personal Information in accordance with this Privacy Policy and any other arrangements that may apply between us.
We only collect personal information from you when you provide it directly to us. If you browse our website, we do not collect any personal information.
The types of Personal Information we may collect include:
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your name;
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your contact details (including email address);
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your payment details;
For the avoidance of doubt, we only collect such Personal Information which is reasonably necessary for, or directly related to, one or more of the functions and activities of Andrea Moser Art.
10.2 How do we collect Personal Information?
We may collect Personal Information either directly from you or from third parties. Personal Information may also be collected when you:
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submit a form or contact us via the general enquiries page on our website;
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provide Personal Information when using our services online;
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subscribe to Andrea Moser Art or sign-up for our e-newsletters
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contact us via Andrea Moser Art Online including our social media platforms such as Facebook, Instagram, Twitter, and LinkedIn;
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communicate with us through correspondence, chats, email, or when you share information with us over the telephone or in person; or
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purchase our products.
10.3 How do we store Personal Information?
We store information electronically. We will take reasonable steps in the circumstances to protect your Personal Information from misuse, loss, unauthorised access, modification, interference, or disclosure.
There are inherent risks in transmitting Personal Information across the internet, including the risk that Personal Information sent to or from a website may be intercepted, corrupted, or modified by third parties. As a result, we do not warrant the security of any Personal Information transmitted to us over the internet.
Where we no longer require your Personal Information, we will that reasonable steps to ensure it is deleted, destroyed or de-identified.
10.4 Use of Cookies
We collect general information from your device when you use our website. This might include your geo-location, IP address, device identifier, the browser, and operating system you are using, details of where that IP address has come from, the pages accessed on our website, and the next website visited. We use cookies to monitor visitor traffic, enable content, and gather analytic and usage data on our website.
A cookie is a small text file stored on your browser’s software when you access this website that allows our website to “remember you” when you return. Cookies and tools are used to identify generic preferences and behavioural patterns of how our website and online resources are being used. You may change your browser settings to disable cookies or to notify you when you receive a new cookie. However, if you choose to disable cookies you may not be able to access the full range of services on our website or may experience reduced functionality.
Complaints
If you wish to make a complaint about how we have handled your Personal Information, or if you are concerned that we may have breached this Privacy Policy, please contact Andrea Moser Art via the contact page on our website. Please clearly describe your complaint and include your name, email address, and telephone number so that we are able to respond to your complaint or query. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time.