AT THE ABOVE WEBSITE TERMS & CONDITIONS
The At the Above website located at www.attheabove.com.au (http://www.attheabove.com.au/) (the Website) is owned, controlled and operated by The Trustee for the At The Above Unit Trust, trading as At the Above (ABN 77 149 295 137) of 198 Gertrude Street Fitzroy Vic 3065 Australia (At the Above, we, our, or us).
The terms & conditions below (the Terms) shall apply to any person who uses and/or purchases goods off the website. By using this Website, you agree to follow and be legally bound by the Terms. If you do not agree with the Terms, you should cease using the Website. At the Above has the right to amend, remove or vary the Terms at any time without notice to you. It is your responsibility to be aware of any changes made to the Terms and by continuing to use and visit the Website, you agree to be governed by the Terms as varied from time to time.
PURPOSE OF OUR WEBSITE
The purpose of this Website is to:
- Provide contact details and information about At the Above;
- Promote certain artistic works, furniture and other products (Products);
- Promote and provide information about the creators of the Products (Creators);
- Provide an online storefront for the purchase of certain Products; and
- Offer promotions and other information on At the Above and the Products.
This is not an exhaustive list.
Certain Products may be available exclusively online through the Website and have limited quantities. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
Although we have made every effort to display as accurately as possible the colours and images of our Products displayed on the Website, we cannot guarantee that your computer monitor’s display of any colour will be accurate.
From time to time, At the Above may offer Products for sale via the Website. By placing an order for any Product via the Website (Order) you are offering to purchase the Product on and subject to these Terms. You agree that At the
Above has the right to accept or reject an Order for any reason at any time and Orders are subject to availability of the Product.
An Order confirmation will be forwarded to you in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to your Order (verbal, written, graphic or otherwise). Any changes to the Order may only be made with our approval.
When a Product is listed as ‘made to order’ this means, you buy it – we go make it. Once your Order has been received and has progressed into production, our team will touch base and advise of an estimated completion date by email. Please note, standard lead times can vary through the course of the year with peaks in demand.
PRICING & FEES
Product prices and shipping fees (if applicable) are specified on the Website (Price(s)). At the Above reserves the right to change pricing at our discretion and without notice. Unless otherwise stated, all Prices quoted are in Australian Dollars and inclusive of GST where applicable (nothing that GST is not charged to overseas customers).
To purchase Product via the Website, you must possess a valid credit or debit card issued by a bank acceptable to At the Above. We use a third party payment processor to process all credit card payments (Stripe) and do not collect or record any credit card details you may provide when purchasing Products via the Website. If you wish to pay for Products via another payment method (for example, cash or eftpos), you are able to visit our Gertrude Street Gallery.
Any period or date given for lead times and shipping of an Order by At the Above is intended as an estimate only and is subject to change. At the Above takes no responsibility for any loss suffered by you, where Product is not delivered within the estimated time frames.
Please be aware that any Products shipped internationally may incur additional fees and duties levied by customs. As the recipient of the Product, you are responsible to pay any of the taxes and duties levied by the country we are shipping to. Your package will not be released from customs until these payments are made. At the Above is unable to advise how much these duties will cost, please ensure you are aware of the cost of these fees before you make your purchase.
Title in the Product for each Order will not pass to you and is retained by At the Above, until At the Above has received full payment for that Product (and all related costs for the Order) as cleared funds. If your Product is delivered, to the extent permitted by law, all risk of loss or damage to the Product passes to you when we deliver the Product to your nominated delivery address. You may like to arrange insurance in relation to the shipping of any Product.
If you believe that your Order has been lost or damaged in transit, please contact [email protected]. It is your responsibility to inspect all Products on delivery. Any damage must be noted on the delivery docket presented to you by the courier for signature. Notification and images of any damage or missing goods is required to be sent to us via email within 24 hours of delivery. We will not be responsible for any damage unless we are notified within the time period specified.
RETURNS & EXCHANGE POLICY
At the Above would like you to feel confident when purchasing Products via our Website. To assist with this all items are professionally photographed and listed with detailed specifications. Please carefully note, that we do not provide refunds for ‘change of mind’. Subject to the AUSTRALIAN CONSUMER LAW clause below, all sales via the Website are final and binding unless we otherwise agree.
AUSTRALIAN CONSUMER LAW
Our goods and services come with consumer guarantees under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law). Nothing in this Agreement excludes, restricts or modifies any rights or remedies you have under the Australian Consumer Law or any other applicable law, that cannot be excluded, restricted or modified by agreement (Your Rights) including any consumer guarantees that attach to our Products.
RELYING ON OUR WEBSITE
We do not guarantee the accuracy, completeness, reliability or timeliness of the Website. You acknowledge and agree that your use of the Website is on an “AS-IS” basis.
At the Above is the exclusive owner of or otherwise has a licence to use all images, videos, literary works, trade marks (including the trade mark At the Above), other copyright material, designs, source code and data contained in the Website (Content). All right reserved.
You are authorised to download, view, copy and print any Content for personal, informational and non-commercial purposes only. All other uses are strictly prohibited. You must obtain our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of this Website or the Content for any other purpose.
THIRD PARTY LINKS
The Website may contains links to other websites (including websites belonging to Creators) over which At the Above have no control. You agree that At the Above is not responsible for the availability of, and content provided on, third party websites. At the Above make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, nor that third party sites will be virus free.
EXCLUSION OF LIABILITY
To the full extent permitted by law and subject to the AUSTRALIAN CONSUMER LAW section above:
- At the Above makes no warranties, representations or guarantees in relation to the supply of goods and services by At the Above to you via the Website; and
- We exclude our liability to you for all types of loss resulting from your use of or reliance on this Website (including all Content).
You agree to indemnify and hold At the Above (and its officers, employees and other representatives) harmless from all loss and any claims (on a full indemnity basis) suffered by or made against At the Above due to or arising out of, or in any way connected to you breaching the Terms.
These Terms are to be governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principle applicable in other jurisdictions. You agree to submit to the personal jurisdiction of the courts of Victoria.
Any questions about the above Terms can be sent to us at [email protected]