Terms & Conditions
Melissa Banks Studio Website and Order Terms & Conditions
AGREEMENT
1.1. These Terms and Conditions apply to you, the Website user and your usage of the Melissa Banks Studio website including the purchase of goods 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.
INTERPRETATION
2.1. In these Terms and Conditions: “Agreement” means these terms and conditions, including all the terms of any order placed by you the User through the Website (if applicable). “Customer” means the person or legal entity identified in a Melissa Banks Studio quote, invoice or sales document. “Delivery Cost” means the costs associated with delivery as specified in an Order. “Goods” means the Products listed in an Order. “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media). “Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website. “Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website. “Privacy Policy” explains how we collect, use and disclose the personal information You provide to us when You use Our Website “Products” means any items listed on the Website (for sale or otherwise). “Returns Policy” means the terms upon which You can return or exchange Products and forms part of this Agreement. “Supplier” means Melissa Banks Studio as represented on the Website. “Website” means the internet site located at the URL melissabanks.com.au and operated by Melissa Banks Studio.
2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
SITE 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. Melissabanks.com.au will not be 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 that 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 that may damage your computer system. Melissa Banks Studio takes no responsibility for any such damage that may arise in connection with your use of the Website.
PRICING
4.1. All prices listed on the Website are in Australian Dollars unless otherwise specified and will be billed in Australian Dollars.
4.2. All prices listed on the Website include all applicable taxes, except for international customs taxes for international shipping, unless otherwise specified.
4.3. All prices displayed on the Melissa Banks Studio website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
4.4. If a Discount Code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost.
4.5. You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
4.6 Free shipping offers are given at the sole discretion of Melissa Banks Studios and may incur additional charges for delivery to remote areas as defined by Melissa Banks Studio.
4.7 Melissa reserves the right to refuse a sale.
PRODUCT SPECIFICATIONS
5.1. Features and specifications of Products described or depicted on the Website are subject to change without notice.
5.2. All weights and dimensions mentioned are approximate.
ORDERS
6.1. You may place an Order by filling in the Order Form on the Melissa Banks Studio Website and clicking the "confirm" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions
6.2. Orders will be deemed to have been received by Melissa Banks Studio at the time Melissa Banks Studio sends an Order confirmation to your nominated e-mail address.
6.3. Melissa Banks Studio is an online business and 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. Each Order (once confirmed) represents a separate agreement.
6.5. Melissa Banks Studio reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
6.6. Melissa Banks Studio, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.
6.7. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
6.8. Melissa Banks Studio reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
6.9. Melissa Banks Studio accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
PAYMENT
7.1. Melissa Banks Studio currently accepts Visa, Mastercard and PayPal payments.
7.2. Payment for Orders will be processed immediately upon confirmation of your Order.
7.3. If your nominated payment method triggers Melissa Banks Studio internal suspect transaction protocols, Melissa Banks Studio may contact you to confirm additional details, or rescind the transaction.
DELIVERY AND OWNERSHIP OF GOODS
8.1. All purchasers via the Melissa Banks Studio website include a separate dispatch service (the Service), a service which is distinct from the supply of Goods, and which includes only the dispatch of the order with a third party carrier, and the provision to the carrier of instructions to enable the delivery of the Goods to the customer by the carrier.
8.2. Once an order has been dispatched to the customer by Melissa Banks Studio (via third party Suppliers) - in accordance with 8.1, the dispatch service is deemed to have been provided, and in no circumstances is Melissa Banks Studio then liable to refund the delivery fee paid by the customer.
8.3. Melissa Banks is not responsible for the delivery and delivery times of Goods once dispatched in accordance with 8.1. Once Goods have been dispatched, it is the customer's responsibility to liaise with Melissa Banks Studio’s nominated dispatch company in relation to date of delivery and to make themselves available to take delivery during business hours or otherwise in accordance with the carrier’s instructions. Any information provided by Melissa Banks Studio to a customer in relation to delivery will be from a third party, and as such Melissa Banks Studio will not guarantee the accuracy of such information. Melissa Banks Studio will provide customers with tracking information to enable liaising with the carrier.
8.4. The parties acknowledge that delays in shipping do occasionally occur, and Melissa Banks Studio is not liable for any loss and damage caused by the delivery delays, nor to refund any amounts paid for the order or delivery of the order.
8.5. The parties acknowledge that Goods may be damaged in transit by the carriers, and in such a case, the customer may contact Melissa Banks Studio in accordance with Clause 9, and other than in accordance with that clause, Melissa Banks Studio is not liable in any way to provide a refund or for any other damage caused thereby or for any corresponding delays caused by the carrying out of the process outlined in Clause 9.
8.6. The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Melissa Banks Studio and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order.
8.7. Melissa Banks Studio will only dispatch certain Goods to PO box addresses. Please contact hello@melissabanks.com.au with your specific delivery details.
8.8. Title and risk in the Goods pass to the customer on signing for delivery of the Goods.
8.9. Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided upon the item being left as instructed.
8.10. Melissa Banks Studio’s nominated dispatch service will deliver Goods during business hours (9am to 5pm, Monday to Friday), unless otherwise arranged in advance with Melissa Banks Studio.
8.11. Where a customer wishes to cancel an order after it has been dispatched in accordance with 8.1, the cancellation is treated in accordance with the 5 day return policy on applicable items only see clause 9, whereby shipping costs and return or redirection costs are not refunded and/or are payable by the customer.
RETURNS POLICY & REFUNDS
9.1. Other than in accordance with the Melissa Banks Studio Returns Policy, Melissa Banks is not required to provide refunds.
9.2. Returns or exchanges are only accepted within 5 days of receipt of sale in accordance with the Returns Policy.
9.3. Many products on the Melissa Banks Studio Website are ‘made to order’ and therefore cannot be returned or exchanged, unless the Product is deemed damaged, in accordance with the Melissa Banks Studio Returns Policy and the Australian Consumer Law guarantees.
9.4. In order to facilitate a return under these Terms and Conditions, Customers must e-mail hello@melissabanks.com.au
9.5. Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
9.6 Melissa Banks considers that an item that has been damaged in transit, or contains a fault that is unique to the actual item sent to the customer, and therefore would not be expected to be a fault existing in a replacement, not to be a major fault in any circumstances notwithstanding the extent of said damage.
WARRANTIES
10.1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, in accordance with the Melissa Banks Studio Returns Policy. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
10.2. This warranty does not cover: (a) Normal wear and tear; (b) Damage arising from abnormal use, or abuse, or placement in inappropriate locations; (c) Products which have not been maintained, or which have been modified
SALE TERMS & DISCOUNT CODES
11.1 Any other promotions, offers, or discounts cannot be used during a sale period.
11.2 Discount codes or promotional codes are offered as a discount off the product Recommended Retail Product (RRP) and on applicable items only.
11.3 Melissa Banks Studio Website and Order Terms and Conditions apply during promotions. 11.4 Discount Codes are not applicable to the purchase of original artwork, gift cards or e-gift vouchers. Only one discount code can apply per order.
INTELLECTUAL PROPERTY
12.1. All Intellectual Property in any Material on the Website is the property of Melissa Banks Studio. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
INDEMNITY
13.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against Melissa Banks Studio that are connected with, arise out of, relate to or are incidental to the use of the Website.
13.2. You agree to indemnify and to keep indemnified Melissa Banks Studio and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Melissa Banks Studio arising out of or in connection with your use of the Website and the use of any Melissa Banks Studio Products outside the Suppliers specifications.
LIABILITY
14.1. 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.
14.2. 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 the Australian Consumer Law.
PRIVACY POLICY
15.1. We gather personal information about our customers for the purposes of: (a) marketing, supplying or delivering our products to you; (b) improving and developing our products and services; and (d) expanding our business.
15.2. Melissa Banks Studio is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared. You can read more about the Melissa Banks Studio Privacy Policy here.
GENERAL
16.1. Melissa Banks reserves the right to make changes to the Melissa Banks Studio Website and Order Terms and Conditions without notice.
16.2. Any provision of this Agreement that is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
16.3. A failure or delay by Melissa Banks Studio to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Melissa Banks Studio does not preclude its future ability to exercise that or any other power or right.
OWNERSHIP: WHO ACTUALLY OWNS THE ARTWORK?
17.1 I, Melissa Banks, retain all rights to all artwork I create. This includes the rights to the image of sold & commissioned original paintings.
17.2 I retain the right to make REPRODUCTIONS OF ANY AND ALL ARTWORK I, Melissa Banks, CREATE UNLESS THE COLLECTOR HAS PURCHASED THE FULL OR PARTIAL RIGHTS TO THE ARTWORK (this is in addition to purchasing the original).
17.3 The Collector or buyer may not reproduce the artwork in any way without written permission.
17.4 If the artwork ends up being reproduced in a magazine or other media I only ask for credit.
17.5 When you purchase an original painting you, the collector, have the right to display the artwork in your home or business (hooray!) but the artwork may not be resold or reproduced without my written permission.
Please let me know if you are interested in purchasing full or partial rights to your painting. Some collectors chose to purchase my right to reproduce the artwork to ensure it will never become a print. I am totally happy to discuss that with you if you would like!