Fab Art Terms and Conditions as of September 2020.
2. Cancellation –
- Payment A deposit of 50% is required at the placement of the initial order, the balance is due and payable at the completion of the framing. Or in the case of part of an order being completed and taken, the balance is due on collection of the completed part of the order.
Customers can choose to cancel an order at any time, however Fab Art and or its representatives reserve the right to charge for materials, used and or ordered specifically for that frame or service.
3. Completion dates –
The estimated completion date is approximately 2 weeks from the order date. Circumstances such as an item being out of stock or a large volume of work may increase the estimated completion date. If this occurs, we endeavour to contact the Customer and will advise of any delays where it is reasonable to do so. Longer than estimated turnaround times does not in any way void the sale.
4. Risk, Loss or damage –
Although fair and reasonable care is taken with each and every order, we cannot accept responsibility for orders that are either damaged, lost or stolen while in our possession.
5. Guarantee and returns –
Fab Art warrants the goods provided and methods used in construction to be suitable for the intended use, based on the information given by the Customer and or by our Suppliers. We offer to accept any product returned to us on the basis that we view the works at our premises first and make an assessment as to the next course of action we may or may not take.
6. Materials and Processes –
Fab Art reserves the right to substitute materials used in the framing and construction process at our discretion. Fab Art uses industry standard processes and procedures where reasonably practicable to create the required end products and believe that we do so in the best interest of the client’s needs. The materials we use can vary and in the case of wooden frames they may have ‘character marks’ knots and differences in finish. Where reasonably practicable we endeavour to match pieces and work to minimise differences which may occur, but reserve the right to use materials which may feature some of these qualities.
7. Conservation and Permanence –
The Customer acknowledges that it is impossible for Fab Art to give any guarantee or assurance of permanence of the condition of the artwork or of the services supplied in respect of it and, accordingly, that the client has not received any such guarantee or assurance from Fab Art. Further that the client has not entered into this agreement in reliance upon any such guarantee or assurance.
8. Collection –
At the collection of the order, the owner assumes all responsibility for any damage or breakage when it leaves our premises. Items must be collected within 30 days of the completion of the order.
Fab Art reserve the right to charge a storage fee if the frame is not collected in the 30 days. All unpaid balances shall accrue interest at 2% per month.
10. Debt Recovery –
Fab Art has the right to: (1) Terminate the agreement (2) Withhold materials or services (3) Bring legal action (4) Sell customers work to recover amounts owed and associated costs.
11. Quotes –
Valid for 30 days from the date the quotation was made. We reserve the right to check and alter a quotation if we believe at the time of taking the order that an error has occurred in the quotation process.
12. Repairs –
We cannot provide any assurance as to the frame structure and materials of manufacture on frames we repair, we endeavour to do our best to repair frames and reserve the right to refuse to repair a frame we deem too fragile to repair before, or after taking the order, or a frame which may not be suitable for use upon repair. Customers must ensure any damage to the frame and artwork they present for repair is duly noted, Fab Art will not be liable for any damage the customer claims has happened while the frame is with us, or any of our agents for repair.
13. Title –
The ownership of any article sold by Fab Art shall not pass to the customer until full payment has been received. Fab Art reserves the right to retake possession of the goods and for this purpose the Customer hereby consents to Fab Art or its agent to enter onto the customer’s premises to do so.
14. Returns –
May be accepted (at our discretion) or if the product is faulty. Returns are at the customers own expense unless the return is a result of our error or a faulty product. A 50% Cancellation Fee for any custom made items may
apply if you cancel your order after it has been made.
15. Storage –
Frames and artworks stored with Fab Art awaiting framing and after being framed, are kept in a manner we deem suitable to ensure the artwork and frames maintain their integrity and with no claim possible from the Customer for any loss or damage which may occur from this process.
16. Transport –
Fab Art clears itself of liability from any damage to a frame, a vehicle or personal property whilst being transported from our workshop or supplier, to the delivery point, either by us, the client or an agent of the customer.
17. Information and Advice
– Fab Art informs customers and prospects on a range of aspects as to how a picture might be hung, cared for, matted, transported, conserved etc. We do so based on the information at hand and cannot warrant the information given will always be correct for the item and or the processes we or you use. We intend to be accurate and considered in our approach but err on the side of caution, noting that we can not anticipate all situations and challenges we might advise or inform about. Therefore we see any advice or information we provide as being of educational value only and absolve ourselves of any damage of any kind resulting from that information or advice being implemented by you or others you might instruct based on our information.
- All prices listed on the Website are in Australian Dollars unless otherwise specified. Prices for items in an Order are fixed once your Order has been confirmed. Fab Art reserves the right to refuse a sale.
19. Credit Card
details are only stored for the processing of payment and will be deleted once payment is processed.
RETURNS POLICY & REFUNDS
Returns or exchanges are only accepted within 48 hours on receipt of delivery in accordance with the Returns Policy.
Many products from the Fab Art Website are ‘made to order’ and therefore cannot be returned or exchanged, unless the Product is deemed damaged, in accordance with the Fab Art Returns Policy and the Australian Consumer Law guarantees. In order to facilitate a return under these Terms and Conditions, Customers must e-mail email@example.com
Returned Goods must be returned in their original packaging complete, and must be in a re-saleable condition.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, in accordance with the Fab Art Returns Policy. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. This warranty does not cover:
(a) Normal wear and tear; (b) Damage arising from abnormal use, or abuse, or placement in inappropriate locations; (c) Products which have not been maintained, or which have been modified (d) Installations or hanging service not provided by Fab Art
All Intellectual Property in any Material on the Website is the property of Fab Art. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
We gather personal information about our customers for the purposes of: (a) marketing, supplying or delivering our products to you; (b) improving and developing our products and services; and (d) expanding our business.
Fab Art is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.
Any changes to our stores terms and conditions will be updated here.
If you would like any further information regarding our terms and conditions, please feel free to email us at firstname.lastname@example.org
or call us on 0418 398 791.