Terms and Conditions

Terms and Conditions

 

These terms of use (Terms) govern your use of the Heavenly Earth Art Website and all related sites including but not limited to kyleejoy.com (the Website).

Please read these Terms carefully. BY USING THE WEBSITE YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. You must not use this Website if you do not agree with these terms. Heavenly Earth Art reserves the right to change these Terms at any time, please check at regular intervals for any changes. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.

 

 

Privacy Policy 

Our privacy policy, which sets out how we will use your information, can be found at our Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

 

Ownership

The Website and all content is operated and owned by Heavenly Earth Art.

Unless otherwise indicated, Heavenly Earth Art owns all copyright of the material on the Website. All registered or unregistered trademarks used on the Website are the property of their respective owners.

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the Website is owned, controlled by, or licensed to Heavenly Earth Art. Except for viewing the content for your own personal non-commercial use, Heavenly Earth Art does not grant you any rights to use the Website or content for any other purpose unless it expressly consents in writing.

 

Prohibitions 

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

Third Party Websites

The Website may contain links to other websites controlled by third parties (Third Party Websites). Heavenly Earth Art is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.

Heavenly Earth Artmakes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.

 

Cookies

Cookies may be used on some areas of our Website. A cookie is a small file placed on a user’s hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter it on subsequent visits. If you are concerned about cookies, most browsers have an option which permits users to refuse a cookie. A user can refuse a cookie and still fully navigate our website. In order to collect statistics we may anonymously log information, and identify categories of users by items such as domains and browser types. 

Information and services at the site

Heavenly Earth Art updates the Website regularly, however, Heavenly Earth Art makes no representation as to the accuracy, currency or completeness of any information or services at the Website. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.

All information and services at the Website are provided on an “as is” basis. To the fullest extent permitted by the applicable law, Heavenly Earth Art excludes all terms, conditions and representations express or implied.

 

Indemnity

Heavenly Earth Art is not liable for any damages whatsoever including any special indirect or consequential damages resulting from loss of use of data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to this Site or the information contained in it. Heavenly Earth Art does not warrant that the Website will be uninterrupted or error free.

You should seek independent advice before acting on any material or information contained in this Website of any link to a third party web site and you must not provide any warranties to third parties in relation to the contents or performance of the Website.

 

Termination of use

You may stop using the Website at any time for any reason.

Heavenly Earth Art reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these terms. The suspension or termination shall not affect either party’s rights or liabilities.

Heavenly Earth Art may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation. Heavenly Earth Art reserves its right to identify or bring legal action against any person who is breaching these terms, including obtaining injunctive relief.

  

Security

When using websites, the internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of Heavenly Earth Art. You assume all risk and liability of your use of the Website, the internet, or any such third party networks, including access to the website via such media. Heavenly Earth Art recommends users review each website’s privacy statement before disclosing any personally identifiable information.

 

Outages

Heavenly Earth Art reserves the right to cease, interrupt or withdraw your access to the Website for any reason, including without limitation, for upgrades and maintenance of the site.

 

Severability

If any provision of these terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of the agreement, which will continue in full force and effect and these terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision of these terms will not constitute failure of consideration.

 

Governing Law

These terms are governed by the Laws of New South Wales in Australia, and any dispute in relation to these terms or your access or use of the website will be the exclusive jurisdiction of the Courts of NSW.

You are responsible for compliance with all laws and regulations applicable to your location.

 

Miscellaneous

If any of these terms are unenforceable or held to be invalid, the offending provision/s will be removed from these terms and the amended terms will remain in force.

Any failure by Heavenly Earth Art to act or enforce these Terms immediately will not be considered a waiver of Heavenly Earth Art's right to take any such action.

 

Terms of sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays for which we will not be responsible. In order to contract with Ishka you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Ishka retains the right to refuse any request made by you.

Whilst we will endeavour to update stock levels, your item may be sold out and we will issue a refund if your order cannot be fulfilled.

Please note we offer pickups from the Surfers Paradise Beachfront Markets (subject to our attendance) or at our New Brighton Gallery (subject to the gallery being open) for our online customers.

 

Our contract 

When you place an order, you will receive an confirmation e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

 

Pricing and availability 

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

 

Gift vouchers

All Gift Vouchers purchased Online are not able to be used on Freight and Postage Costs.

 

Payment

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

 

Discount codes

Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.

The conditions of use relating to any discount code will be specified at the time of issue.

Discount codes will not be applied to shipping costs. See our Shipping Policy here.

 

Complaints 

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please contact us if you have any complaints or comments.

 

Contact Information

Questions about the terms and conditions should be sent to us at info@kyleejoy.com