Terms & Conditions Introduction Welcome to Art of Man. This website www.artofman.com.au ("the site") is owned and operated by Flaming Rose Productions Pty Ltd trading as Art of Man ABN 62 086 796 938 ("Art of Man").
Acceptance of Terms & Conditions The following terms & conditions govern the use of the site and the purchase of any goods on it. Your use of this site is conditional upon your acceptance and compliance with these Terms and Conditions. By entering, browsing and using this site, you agree to be bound by these Terms and Conditions. All headings are for reference purposes only and in no way define or limit the scope of a section. The invalidity or unenforceability of any provision of these Terms & Conditions shall not affect the validity or enforceability of the remaining conditions.
Review of Terms & Conditions Such Terms & Conditions may be revised at any time by Art of Man by updating the site without providing notice to you. You are bound by any revisions and it is recommended that you revisit this page periodically to review the then current Terms and Conditions.
Applicable Law & Jurisdiction The Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. You and Art of Man submit to the exclusive jurisdiction of the courts of New South Wales and Australia. Art of Man makes no representation that the content or the site complies with laws of any country outside Australia.
Capacity to Contract Orders can only be placed with Art of Man by persons with the capacity to enter into a contract.
Limitation of Liability Subject to any obligations or responsibilities implied by law which cannot be excluded, Art of Man will not be liable for any lost profit or any direct, indirect, incidental, special or consequential loss or damage (including but not limited to economic damage) or any liabilities, claims or expenses (including but not limited to legal costs and expenses) which may be suffered by you as a result of any negligent act or omission by us or arising out of or otherwise in connection with the use of this site or our services, whether in contract, tort (including but not limited to negligence), statute or otherwise.
Any liability of Art of Man or Art of Man's associates in connection with goods or services supplied to you will, subject to any non-exclusive liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, be limited at Art of Man's option to: a) replacement of the goods or the supply of equivalent goods b) the repair of the goods c) the payment of the cost of replacing the goods or of acquiring equivalent goods d) the payment of the cost of having the goods repaired; and in relation to services e) the supplying of the services again f) the payment of having the services supplied again
Disclaimers Art of Man and its related bodies corporate, including any of its directors, officers, employees, consultants or shareholders, makes no representation or warranty as to the reliability, accuracy or completeness of the information contained on this site (including in relation to any products, advice or services) and does not accept any liability to you or any other person for any direct, indirect, special, consequential or exemplary damages arising in any way (including but not limited to damages for product liability, personal injury or negligence) for errors in, or omissions from, the information contained in this site and from use of the goods or services supplied to you, or on behalf of you, through this site.
Art of Man provides this site and its services "as is" and on an "as available" basis without any warranty or condition, express or implied. Art of Man expressly excludes (to the fullest extent permitted at law) all warranties of any kind, including without limitation, any implied warranties as to fitness of purpose or merchantability of this service and this site or that using this service and this site will not result in infringement of third party rights (including, but not limited to, intellectual property rights). Art of Man makes no warranty that the service provided by us, including this site and searches made using this site, will be timely, secure or error free. We make no warranty that this website, its servers, or e-mail sent from Art of Man are free of viruses or other harmful components.
Indemnity You indemnify and hold harmless Art of Man, Flaming Rose Productions Pty Ltd, their directors, officers, partners, employees and agents from and against all losses, damages, cost, expenses and claim which may be suffered or incurred by you as a result of or in connection with your use of this site and our services in the past, present or future.
Copyright All content included on the site (including but not limited to names, text, graphics, logos, trademarks icons, images, audio and video content, software) is the property Art of Man and/or its content and product suppliers and is protected by Australian and international copyright laws. No part of this site may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed for any commercial purpose whatsoever without Art of Man's or the relevant content or product supplier's prior permission unless expressly permitted by law. If you believe any material contained in the website infringes your intellectual property, please notify Art of Man of the alleged copyright infringement by e-mailing info@artofman.com.au.
Links to other Sites You acknowledge that the inclusion of links in this site is not intended as an endorsement or recommendation of the linked site or the content of such sites, and Art of Man accepts no liability for loss of any kind arising from the information on any linked site. You should read carefully the terms and conditions and privacy policy that appear on any site as Art of Man is not responsible for any practises on linked sites.
Privacy Art of Man is committed to complying with the requirements of the Privacy Act of 1988 and the Privacy Amendment (Private Sector) Act of 2000 to protect the privacy of our customers. This privacy policy constitutes part of our Terms and Conditions. Unless given consent to do so, Art of Man will only collect, use and disclose your personal information as set out below.
Collecting Your Personal Information – When you visit the site, we may ask you to provide us with some personal information such as your name, mailing address, e-mail address, other contact details and payment details. Other information may be requested with your permission from time to time such as preferences, likes/dislikes etc. In some cases, we may also collect technical information provided through the use of Cookies. This may include the internet protocol (IP) address used to connect your computer to the internet, browser type and version, operating system and the internet link or banner advertisement from which you linked to our website. Cookies are files that your web browser transfers to your hard drive. It enables us to recognise your browser and welcome you back to our site. It does not identify you personally and does not give us access to your computer or be used to deliver viruses. Most browsers are pre-set to accept Cookies but if you prefer, you can disable it or warn you when Cookies are used.
Using Your Personal Information – Art of Man will only use the information collected in the above ways to: -
Provide you with the products and services you have requested -
Contact you when we need to in fulfilling your request -
Communicate to you about new products and services, promotions and offers -
Better understand our customer base to improve our site. Please note that we only send out communications such as e-mail newsletters to people who have agreed to receive them. You can choose to "opt out" at any time via the means described in each communication. We do not send out spam.
Disclosing Your Personal Information – Protecting your information is important to us and we do not sell our customer lists or divulge your personal information to other parties. Art of Man is, however, required to divulge your personal information at times as follows: -
To service providers that we engage to perform functions on our behalf such as in order delivery and credit card payment authorisation. In these instances your information will only be used to perform a specific function and not for other purposes. -
To appropriate authorities if required by law -
To appropriate authorities relating to suspected fraudulent activities -
To verify information provided and to protect you from fraud. Accessing Your Personal Information – You can view and update the personal information you provide us at any time by: -
Using the My Account tool on the site -
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Writing to Art of Man, P.O. Box 804, Petersham, NSW 2049, Australia.
Security While every precaution is taken to protect the security of your information, 100% security of communication over the internet cannot be guaranteed and you communicate with us at your own risk. Art of Man will not be held responsible for unauthorised use of your personal information.
Membership You may have no more than one active membership, whether this is by use of name, e-mail address, an alias or a combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained in this way, such as gift vouchers, promotional benefits and the value therein. Memberships are not transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times. You are responsible for maintaining the confidentiality of your membership account and password and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your membership account or password.
Product Information Although we take every reasonable step to ensure that product, service, stock and price information is correct and complete on the site, the prices and availability of products are subject to change without notice. If a product or service has been listed at an incorrect price or with incorrect information about availability, Art of Man reserves the right to refuse or cancel your order for that product or service even if your order has been confirmed. Your receipt of a confirmation of order from us does not signify our acceptance of that order, and we may cancel such order or supply less than the quantity you ordered.
You agree that you are responsible for carefully reading and following manufacturers' instructions for the use of a product, for finding out ingredients contained in a product and making your own decision about their suitability for you. All product information provided on the site is as a guide only. Any claims made about a product are the claims of the product's manufacturer. If you have any questions or require more detailed specifications concerning a product or its use, you should contact the product's manufacturer direct.
Ordering Orders will not be dispatched until full payment has been received and Art of Man is satisfied about the integrity of the order. Without limiting the operation of any Terms and Conditions contained herein, Art of Man takes no responsibility for any loss or damage caused by late delivery or cancellation of an order or product.
Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). Art of Man will e-mail you an Order Confirmation for the sole purpose of confirming the details of your offer. The Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
Cancelling an Order – Art of Man Art of Man reserves the right not to provide goods or services, terminate memberships or cancel orders or part orders at our sole discretion at any time. Without limiting the operation of other Terms & Conditions, we will not be held liable for loss or damage arising from exercising these rights.
Cancelling an Order – You In you need to cancel an order, please e-mail us immediately on orders@artofman.com.au. Our agreement with you commences once we have received your offer, and confirmed and received your payment. Once we have accepted your payment, cancellation of the order is within our sole discretion.
Delivery The obligation is on you to supply us with a correct and complete delivery address at the time of your order. Should you have supplied us with the wrong or incomplete address, or you or an authorised representative not be available to sign for a personal delivery, we are not obliged to re-send the order at our expense nor will be held to our initial delivery timeframe estimate.
While we provide estimated delivery timeframes and while we make every effort to meet them, all dates and times are estimates only. We engage Australia Post and courier service suppliers who we believe will do their best to deliver within these estimates.
If an order is lost in transit, replacement items will be dispatched according to our discretion after examining the status of the lost item.
Without limiting the operation of other Terms & Conditions contained herein: -
We will not accept liability for any loss or damage arising from a late delivery -
You agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel your order -
We will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Refunds & Exchanges Refunds and exchanges will only be accepted within 14 days of your receipt and only of unopened and unused goods in their original condition. Due to the personal care nature of our products, we do not exchange or refund goods that have been opened or used in any way. Please advise us of your intention to return the goods for a refund or exchange before doing so. Please return the goods with a copy of your invoice in the packaging used to send them to you. You agree you are liable for the expenses associated in returning the goods to us and, if exchanging for another product, the expense associated in sending the exchange goods to you. Please return goods to: Art of Man, P.O. Box 804, Petersham, NSW 2049, Australia. Upon receipt of your return and once we are satisfied that the goods are still in an unopened, unused and original condition, we will process a refund of the cost of the product only via the original method of payment or exchange the product, subject to availability of stock. If an exchange product is not in stock, we will process a refund. Refunds may take up to 30 days after the receipt of the returned products.
Goods Damaged or Faulty on Delivery Please let us know immediately if the goods you have received are damaged or faulty in anyway. We will then instruct you on how to return them to us or have them collected from you at no expense to you. Except where required by law, you must return damaged or faulty goods within 14 days of receipt. You must advise us of the reason of the return and confirm our acceptance of this reason, before returning the goods to us.
Upon receipt of the returned defective or damaged product, we will despatch your replacement items via standard delivery at our expense, subject to stock availability. If the replacement item is not in stock we will refund the product price and initial delivery cost via the original method of payment. Such refunds may take up to 30 days to process after receipt of the returned products.
Payment We accept the following credit cards Visa, MasterCard, American Express and Diner's Club, as well as a direct deposit into our bank account and cheque or money order. Goods will not be despatched until your credit card company has authorised the transaction or funds have been received into our account from your financial institution.
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