Terms + Conditions

Welcome to the Murray Prichard Abstract Art e-Gallery Website and Store. Murray Prichard Abstract Art Website provides a Service to its Customers. Please review carefully the following Terms (the “Terms and Conditions”) that govern your use of our Website www.murrayprichardabtractart.com.au (the “Website”, “Service”, “Agreement”). These Terms set below are between us (“we”, “Murray Prichard Abstract Art”, “MPAA”, “Murray Prichard”, “our”, “Service”) and you (“Customer”, “user”, “your”). Please note that your use of the Website constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, please do not use this Service. Since MPAA may revise this Agreement at any time, you should visit this page periodically to review the Terms of your use. 

  1. Legal Authority: In order to use our Website and/or receive our Services, you must possess the legal authority, right and freedom to enter into these Terms as a Binding Agreement. You are not allowed to use this Website and/or receive Services if doing so is prohibited in your country or under any law or regulation applicable to you.

  2. Warranty: “The Artist” Murray Prichard ABN: 23 401 024 167 hereby warrants that he created the Artworks and that the descriptions are true and accurate.

  3. Copyright: All Artwork is the exclusive property of Murray Prichard ABN: 23 401 024 167 and is protected by Australian (the Australian Copyright Act 1968) and International Copyright and Trademark Laws © Murray Prichard - All Rights Reserved. Copyright to all material and/or works of Art comprising or contained within this Website is held by Murray Prichard. It is prohibited to copy, reproduce, modify, adapt, distribute or otherwise use any of the images or information in any manner or form without the express written consent of the Copyright Holder, Murray Prichard. By purchasing our Product/s (collectively “Original Artwork”, “Original Art”, “Original Painting/s” or “Limited Edition Print/s”, “Print” “Prints”)  from MPAA you understand that you do not own the Copyrights of the Artwork or Prints.

  4. Limited Edition Prints: All Murray Prichard Artworks displayed on the MPAA Website, have a very Limited Edition Print run to preserve the value and collectability of Murray Prichard Original Paintings and Prints. Our Prints are individually printed by a Fine Art Printer using professional Fine Art ‘Giclee’ printing to a very small amount of only ten (10) Editions, per each Print size option (currently three (3) sizes). We offer for sale on the MPAA Website several Print Product Stocks as per the Product description listed in the Shopping Cart Product Pages in the MPAA “Store”. Print Products are supplied rolled in a poster tube for ease of transportation. Our Limited Edition Prints also come personally signed by the Artist, Murray Prichard, including the Edition Number, Title of Painting and the year printed - all hand written in pencil underneath the image on Paper Prints, and will appear on the back of Canvas Prints (once stretched). The actual framing of our Fine Art Paper Prints or the Stretching of our Canvas Prints are not included in the Sale Price, as this is the responsibility (and the expense) of the Customer to organise your own professional Picture Framer, who can provide this Service once you receive the purchased item as a rolled Print.

  5. Original Artworks: Murray Prichard Original Artworks are painted on custom stretched canvases made by professional Art Stretchers using a high quality 100% Cotton Canvas Material stretched over wooden framing. Note: Some paintings have also been painted on Illustration Board as indicated underneath the Artwork image on the MPAA Website. The medium used on all paintings is Acrylic paint, being protected by four (4) coats of satin varnish, as well as signed by the Artist, Murray Prichard using his initials ‘MP’. The Customer agrees that the images of all Original Paintings sold via the MPAA Website, or any Original Artworks sold prior the commencement of this Website, will also be available For Sale as Limited Edition Prints, including the use of that image on any other future Products or Promotions.

  6. Ordering: When buying a Product on the MPAA Website, you agree that you are responsible for reading the Full Product details before making a commitment to buy it, by reviewing: The Product Image(s), Painting Title, Description, Dimension Size, Product Stock and options, Price, Currency, Shipping/Warranty Fees, and all other Order details (collectively, the “Shop Details”) including in ‘Store Checkout’ to verify the completeness and validity of your information before purchasing any goods.  All Orders must be submitted through the Website ‘Store’ at www.murrayprichardabtractart.com.au with secure payment Service via Paypal. Product Prices on the MMAA Website do not include the Shipping Fee / Shipping Warranty (or Picture Framing or Canvas Stretching as mentioned in (4) above), and it is the responsibility of the Customer to pay these additional fees which appears in the ‘Store Checkout’. Warranty included in shipping is covered up to $1000 per order. The Currency on the Website is set in Australian Dollars (AUD) excluding GST (Goods & Services Tax) / not applicable. Once your Order has been placed, you will receive an automated Invoice confirming your purchase. If we are unable to fulfil your Order request for any unforeseen reasons or unable to process your Order on time due to delays we will contact you. We may modify the Shop Details at any time without notice. Murray Prichard Abstract Art reserves the right to cancel any Orders submitted for any reason.

  7. Payment: Our Website Store uses PayPal for payment transactions and accepts Visa, Mastercard, American Express and Discover. By purchasing any Product on our Website you validate that you have the legal right to use the debit or credit card you supply and that the information you provide is complete and accurate. When buying an item, you agree you enter into a Legally Binding Contract to purchase an item when you commit to buy an item and you complete the Checkout payment process. The Prices we charge for our Products are listed on the Website. We reserve the right to change our Prices for Products displayed at any time, and to correct pricing errors that may inadvertently occur.

  8. Delivery: Processing your Order may take between 14-28 days prior shipment of Prints, including time required to organise, prepare and arrange professional packing of Original Paintings. Though we try to process and ship Orders as fast as possible. We deliver throughout Australia and Internationally. Orders are deemed completed at the time of delivery to the address supplied in your Order. All Prints and Original Paintings are shipped from Adelaide, South Australia, Australia. It is the Customer’s responsibility for any payment of import charges, duties and/or taxes whether domestic or international. Signatures for shipments are required upon delivery. It is your responsibility to inspect the exterior packaging of your Order for damages at the time of delivery. If there are any substantial damages upon arrival of your shipment, you must reject it, document any damages on the shipping slip and return the Order upon attempted delivery with the shipping courier to form a claim. You must contact us immediately for us to resolve any rejected Order shipment(s) upon attempted delivery. The Customer agrees not to hold Murray Prichard Abstract Art liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame. If the Customer does not receive the Product/s it has purchased within 60 days of the date of purchase, Murray Prichard Abstract Art shall not be liable to the Customer for those Products unless the Customer notifies Murray Prichard Abstract Art within 60 days of the date of purchase. If a Product is not received by a Customer because it was sent by Murray Prichard Abstract Art to an incorrect address due to an error by Murray Prichard Abstract Art, then Murray Prichard Abstract Art shall be responsible for the resending or replacement of the Product or refunding of the price of the Product. If a Product is not received by the Customer because the Customer provided an incorrect or insufficient address, then if the Product is returned to Murray Prichard Abstract Art, Murray Prichard Abstract Art will resend the Product to the Customer to the correct address, provided that the Customer first pays the cost of shipping for resending; or if the Product is not returned to Murray Prichard Abstract Art, then Murray Prichard Abstract Art shall have no further responsibility.

  9. Returns: Once we receive your Order all sales are final. If you do not notify us of any Product or shipping damages within 24 hours of delivery, we deem your Order was successfully received by you in good condition and an exchange can no longer be issued. Any damages made to your Order after well received delivery are the responsibility of the Customer and any replacements will be subject to payment in the Products current, listed price on the MPAA Website. MPAA will only provide refunds where the Artwork/s or Print/s received is not as described on MPAA Website (details as provided in ‘The Store’). Refunds or returns will not be accepted if the Customer decides they do not like the Artwork/Print after it has been delivered. When we receive a valid warranty claim for a Product purchased from us, we will replace the Product. If we are unable to replace the Product within a reasonable time, the Customer will be entitled to a full refund upon the prompt return of the Product to us. We will pay for shipment of replaced Products to the Customer and the Customer will be responsible for return shipment of the Product to us. Return Address: 60 Hutt Street, Adelaide, 5000, South Australia, Australia.

  10. Privacy and Protection: We take strict precautions to keep your information protected and safe. By using our Service you consent to the collection, storage and use of your data. We will not share your information to any third party outside our Website, unless it is required to process and fulfill your Order. All sensitive information collected by us (such as debit or credit data) is encrypted to ensure its protection.

  11. Colour:  We have made every effort to display as accurately as possible the colours of our Artwork and Print Products that appear on the MPAA Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

  12. Website Contents: Unless otherwise noted, all materials, including images, illustrations, Artworks, Prints, goods, designs, icons, photographs, written and other materials that are part of our Website (collectively, the “Contents”) are Copyrights, trademarks or other intellectual property owned, controlled or licensed by Murray Prichard Abstract Art. The Website as a whole is protected by Copyright, trademarks, all worldwide rights, titles and interests in and to which are owned by Murray Prichard. You may not download or copy the Contents and other downloadable materials displayed on the MPAA Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.

  13. Stock Availability: The Customer shall not be entitled to object if information about Products on the Site is not correct or if advertised Products are not available or if images of Products differ from the actual Products. If the Customer pays for a Product that Murray Prichard Abstract Art cannot supply, Murray Prichard Abstract Art will refund the price of that Product to the Customer.

  14. Non-claimed Products: If Products that a Customer has purchased are returned to Murray Prichard Abstract Art by a person other than the Customer and Murray Prichard Abstract Art cannot, despite reasonable efforts, contact the Customer or the Customer does not contact Murray Prichard Abstract Art within 3 months of Products being returned to Murray Prichard Abstract Art, then ownership of the Products will revert to Murray Prichard Abstract Art.

  15. User Comments: Murray Prichard Abstract Art is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

  16. Disclaimer: Murray Prichard Abstract Art provides the materials on this Website “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. MPAA expressly disclaims any duty to update or revise the materials on this Website, although Murray Prichard may modify the materials at any time without notice. By your use of this Website, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website. You further acknowledge that Murray Prichard Abstract Art shall not be liable for any damages of any kind related to your use of this Website. We may, without prior notice, change the Services; stop providing the Services or any features of the Services we offer; or create limits for the Services. We may permanently or temporarily terminate or suspend access to the Services without notice and liability for any reason, or for no reason.

  17. Limitation of Liability: Murray Prichard Abstract Art shall not be liable to the Customer for refunding the price of Products or replacing or exchanging Products that the Customer purchases through the Murray Prichard Abstract Art, other than as set out in these Terms & Conditions of Sale. Murray Prichard Abstract Art shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use, or performance of Products or Services that the Customer purchases through Murray Prichard Abstract Art, even if Murray Prichard Abstract Art has been advised of the possibility of such damages but was accurately described and presented on our Website. All returns must be received in original condition and shipping and insurance is at the expense of the purchaser. To the maximum extent permitted by applicable law, in no event shall MPAA be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. To the maximum extent permitted by applicable law, Murray Prichard Abstract Art assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

  18. Indemnification: You agree to defend, indemnify and hold Murray Prichard and MPAA harmless from and against any and all claims, damages, costs and expenses, including Attorneys’ fees, arising from or related to your use of the MPAA Website. You agree to indemnify and hold Murray Prichard and MPAA harmless from any demands, loss, liability, claims or expenses including Attorneys’ fees, made against them by any third party due to, or arising out of, or in connection with your use of the MPAA Website or any of the Services offered on the MPAA Website.

  19. Disclaimer and Indemnity: To the extent permitted by law Murray Prichard Abstract Art excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the MPAA Website including, but not limited to, loss or damage you might suffer as a result of: a) errors, mistakes or inaccuracies on the MPAA Website; b) you acting, or failing to act, on any information contained on or referred to on the MPAA Website and/or any linked Website; c) personal injury or property damage of any kind resulting from your access or use of the MPAA Website; d) any unauthorised access to or use of the Website’s secure servers; e) any interruption or cessation of transmission to or from the Website; f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Website by any third party; and/or g) the quality or fitness for any purpose of any linked sites.

  20. Promotion: You agree to receive from time to time promotional messages by email of any new exhibitions or promotions, etc. If you don't want to receive such emails or notices, please just notify us at any time.

  21. Claims and Disputes: These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Australia/South Australia, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Adelaide, South Australia. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

  22. Links to other Websites and Services: This Website may contain links to other Websites and services (including social media) that are not under the control of us. MPAA has no responsibility for the linked Websites or services nor does it necessarily endorse the linked Websites. Murray Prichard provides the links solely for the convenience and information of its Website users.

 

This Agreement may be revised or terminated at any time by Murray Prichard Abstract Art. These Terms are effective unless and until terminated by Murray Prichard Abstract Art. Upon submitting an Order on the Website these Terms become effective.

Murray Prichard Abstract Art.

If you have any questions about these Terms and Conditions please contact us at murrayprichardabstractart@gmail.com

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