The Artistic Den website, mobile website, mobile application (“Online Content”) is owned and operated by Artistic Den Pty Ltd ABN 84 618 405 173 .
By using or accessing these online content, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this online content.
1. Governing law
Artistic Den controls and operates this site from its office within Australia. These Terms of Use are governed by the laws of the State of New South Wales. You and Artistic Den agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.
2. Revisions to Terms of Use
Artistic Den may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms of Use.
3. Site Contents, Ownership, and Use Restrictions
The material on this site is protected by copyright under the laws of Australia and other countries through international treaties.
Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips, navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Artistic Den, affiliates, licensors and licensees.
4. Information from and Advertising and Links to Third Party Websites
This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of Artistic Den and Artistic Den is not responsible for the contents of any such information or website. Artistic Den provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Artistic Den. You rely on such information or websites entirely at your own risk.
You are referred to the relevant third party websites for all information regarding the third parties’ products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.
5. Personal, Non-Commercial Use
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:
Placing an order with Artistic Den.
Using this site as a shopping resource, provided that you do not modify the site and that Artistic Den retain all copyright and other proprietary notices contained in the Contents; or
You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.
6. Prohibited conduct
You are not authorised, without the prior written permission of Artistic Den and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.
No trademark (whether registered or otherwise) that is contained on this site or otherwise used by Artistic Den may be used without our prior, specific, written permission or that of the trademark owner.
7. We can use your feedback
You grant Artistic Den an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Artistic Den from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.
8. User Conduct and Indemnity, General prohibitions
You must not upload, post, transmit or otherwise make available through this site any material which:
Violates or infringes the rights of others (including their privacy and intellectual property rights);
Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;
affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Artistic Den to take remedial action under any applicable industry code.
9. Indemnity
You agree to indemnify and will keep Artistic Den indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Artistic Den in connection with your use of this site, your breach of these Terms of Use or your breach of any rights of third parties.
You indemnify us, our related companies, affiliates, licensors and licensees, and our respective directors, officers, team members and agents, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered, or likely to be incurred or suffered, by you as a direct or indirect consequence of using this site.
10. Ordering goods
Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you. Subject to your compliance with any product specific limitations shown on this website. Artistic Den may change the prices published on the Online content at any time. Prices of products placed in the ‘basket’ but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, Artistic Den is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this Online content, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from Australia. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.
11. About our prices
Product availability may vary between Artistic Den products in retail stores and Artistic Den online due to different customer offers. All prices are inclusive of GST and Free Standard Postage within addresses in Australia only. Prices displayed on online are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted in all states, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.
12. Privacy policy
See our Privacy Policy.
13. Returns policy
See our Returns Policy.
14. Delivery
See our Delivery Policy.
15. Payment Options
Artistic Den reserves the right to accept or reject any payment option inclusive of those listed under (Payment Options) at any time under its own discretion.
See our Payment Options.
16. Title and risk
Title to the goods purchased from Artistic Den online does not pass from Artistic Den to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your address.
17. Disclaimer of liability
To the extent permitted by law, Artistic Den will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of this site; (2) goods or services supplied by Artistic Den under these Terms of Use; or (3) a failure or omission on the part of Artistic Den to comply with its obligations under these Terms of Use.
18. Limitation of liability
Our total liability to you (if any) in connection with this site, or with these Terms of Use or any goods or services supplied under them, will be limited, at our election, to: (1) in the case of information or services supplied or offered by us, the re-supply of the information or services or payment of the cost of doing this; (2) in the case of goods supplied or offered by us, repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; and/or (3) the amount paid by you (if any).
19. Disclaimer of Warranty
Artistic Den provides this online content on an ‘as is’ basis and use of this content is at your own risk. Artistic Den and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on Artistic Den Online (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Artistic Den expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of acceptability or fitness for purpose.
20. Rights we cannot exclude
The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.
21. Termination
Your ability to purchase goods from Artistic Den Online may be terminated by Artistic Den at any time without notice. All restrictions, licences granted by you and limitations of Artistic Dens’ liability will survive termination.
Acceptance
You accept that your use of this site includes your acceptance of this Terms of Use and all other policies referenced in it.