Terms and Conditions

By using this website, you agree to be bound by the below terms and conditions and any revisions thereof.

 

Pricing
  • All prices are in AUD.
  • The price you pay is the price listed on our website when you place the order.
  • In the rare occasion that the price is incorrect at the time of ordering, we will contact you immediately
    and offer the option of:
    1. Reconfirming your order at the correct price.
    2. Cancelling the order and receive a full refund (this option will also happen in the event
      you are not contactable).
Payment
  • Payments are made at the time of order.
  • Modern Art Framing accepts the following methods of payment:
    1. Secure online credit card payment
    2. Visa
    3. Mastercard
Quality of Goods/Services
  • The customer accepts that colour differences can occur in any piece of work when:
    1. it is being viewed and compared on a computer screen and on printed media.
    2. it is being compared in print form in different types of output media.
  • The customer accepts that when an image is enlarged, the quality of the image maybe reduced.
  • The customer is not entitled to reject the product based on minor colour differences or slight quality
    reduction in Modern Art Framings judgment.
  • The customer accepts that if the finished size of an artwork has a discrepancy of less than 1cm,
    Modern Art Framing will not exchange, refund or reproduce the product.
  • The customer accepts that minor differences can occur in frames and mat boards when viewed on
    our website due to variations in shipment from our suppliers.
  • Customer accepts that for oil painting orders, the color and details might differ when viewed on our
    website due to our oil paintings being hand painted.
Delivery
  • Delivery is only made within Australia.
  • The customer accepts that Modern Art Framing is not liable for any delays in delivery outside
    our control. This includes but is not limited to remote delivery locations, accidents or local disruptions.
  • Modern Art Framing has strict quality controls to ensure the goods are dispatched in good condition.
    As such, the customer will need to check all goods at delivery and must not sign off the goods until
    they are satisfied they are delivered in good condition (that is, not damaged during transit).
Faulty or Damaged Goods
  • The customer is responsible to check all goods on delivery.
  • In cases of faulty or damaged goods, this fact must be communicated to the delivery company
    at the time of delivery. Modern Art Framing will not be liable for missing or damaged items unless
    the delivery company is notified at delivery.
  • The customer will then need to contact Modern Art Framing within 7 days and the damaged good
    will be delivered back to us for assessment.
  • Under Modern Art Framings discretion, if we believe the goods have been damaged during transit,
    the goods will be reproduced and exchanged for the faulty product.
  • Payment refunds will not be made.
Availability of Goods

Goods are subject to availability. If Modern Art Framing is unable to supply the ordered goods, we will notify you as soon as possible and.

    1. Provide a different product of your choice equivalent to the price of the unavailable goods.
    2. Provide a full refund.
Cancellation

The customer accepts that as soon as an order is placed for an item and Modern Art Framing has commenced production, cancellation or refund is not possible.

 

 

User Conduct

In using this website, you agree to not:

    1. upload, email or otherwise transmit any materials including but not limited to text, data, sketches,
      photos, drawings, graphics, digital images, and related visual compositions or any of these elements
      in combination as a design for products available on this site or otherwise contents that are
      unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic,
      indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable,
      or invasive of another's rights including but not limited to rights of celebrity, privacy and
      intellectual property.
    2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation
      with a person or entity;
    3. upload, email or otherwise transmit any content that may infringe any patent, trademark,
      trade secret, copyright or other intellectual or proprietary right of any party. By uploading or
      transmitting any content, you represent and warrant that you have the lawful right to reproduce
      and distribute such content and that the content complies with all applicable federal, state and
      local laws, regulations and ordinances;
    4. upload, email or otherwise transmit any content that would constitute or encourage a criminal
      offense, violate the rights of any party, or that would otherwise create liability or violate any local,
      state, national, or international law;
    5. upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional
      materials, junk mail, spam, chain letters, or any other form of solicitation;
    6. upload, email or otherwise transmit any material that contains software viruses or any other
      computer code, files or programs designed to interrupt, destroy or limit the functionality
      of any computer software or hardware or telecommunications equipment;
    7. upload, email or otherwise transmit false or misleading information;
    8. disrupt or interfere with the security of, or otherwise abuse, this website, or any services,
      system resources, accounts, servers, or networks connected to or accessible through this
      website or affiliated or linked websites;
    9. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting
      to access these areas of the website may be subject to prosecution;
    10. disrupt or interfere with any other user's enjoyment of this website or affiliated or linked websites;
    11. frame or link to the website except as permitted in writing by Modern Art Framing;

Upon uploading contents, you acknowledge that Modern Art Framing may review your content for adherence to our guidelines and compliance with the terms set forth in this agreement. Without limiting the foregoing, Modern Art Framing shall have the right to reject to perform work on an order on any content that violates the terms or is otherwise objectionable to Modern Art Framing.

You agree that you must evaluate, and bear all risks associated with, the use of any content. In this regard, you acknowledge that you may not rely on any content, created by or submitted to, Modern Art Framing. You acknowledge and agree that you are responsible for the creation and compilation of your content, and that neither Modern Art Framing nor any other party involved with the production of any product incorporating such content, assumes that responsibility. Modern Art Framings production of any product depicting your content does not indicate that Modern Art Framing approves of the content, that the content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the content.

You acknowledge and agree that Modern Art Framing may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

    1. comply with legal process;
    2. enforce the Agreement;
    3. respond to claims that any Content violates the rights of third-parties; or
    4. protect the rights, property, or personal safety of Imagekind, its users and the public.
Copyright

All images and designs used on this website are the property of Modern Art Framing or of the copyright owners from which Modern Art Framing has express authorisation. You must not use, reproduce, modify or distribute images or content from this website in any form without written authorisation from Modern Art Framing.

The customer undertakes that all text and images delivered to Modern Art Framing for inclusion in the artwork will not infringe any copyright, trademark, registered design or other proprietary right of any third party and shall not be defamatory or otherwise render Modern Art Framing open to legal action. Should Modern Art Framing suffer any financial loss as a result of action taken against us by a third party who has had their rights infringed or has been defamed, the customer is liable to reimburse the amount of such loss to Modern Art Framing.

 

Refund Policy

Modern Art Framing does not refund on incorrect choice of goods purchased. We will only offer a refund if the goods have been damaged in transit (see the Faulty and Damaged Goods section of this terms and conditions).