Site Terms & Conditions

 

Created: 10th January 2020

These Terms and Conditions (hereinafter referred to as “Terms”) govern your use of the following website www.rekhakhurmi.com (hereinafter referred to as “The/This Website”)

The Website is owned and managed by: Rekha Khurmi (ABN 21715629087) (hereinafter referred to as “We”, “Us”, “Our”)

In connection with your use of The Website, we may also provide you with access to various other content, documentation, information, goods and services. In these  Terms they will be referred to collectively as “Goods/Services”.

These Terms are a binding agreement between you and Rekha Khurmi (ABN 21715629087) and govern your use of all pages on this website and our goods/services. By continuing to use the website you are agreeing to these terms and conditions. If you do not agree to these terms or the Privacy Policy provided, feel free to email me with any concerns on rekha@rekhakhurmi.com or you are free to exit this website.

If you purchase Goods/Services through The Website, these Terms provide additional information relating to the sale.

These Terms also provide you with a link to a Privacy Policy with details on how we manage your data.

Your Use of The Website

This website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

 

You agree that you will not use, nor will you allow or authorise any third party to use, the website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the website or our goods/services. 

 

Intellectual property and copyrights

We hold the copyright to the content of this website, including all images, uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the website or in connection with our goods/services. You must not use, distribute or replicate our copyright material in any way, including electronically or via registration of new trademarks, trade names or other URLs.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed by us, in which case we may require you to sign a Licence Agreement.  

You hereby acknowledge and agree that we own all intellectual property rights in the Items and that nothing in these Terms amounts to a transfer of any intellectual property rights from us to you.

All of the provisions of this clause in relation to "Intellectual property and copyrights" shall survive any termination of these Terms.

If you wish to use any content, images or other of our intellectual property, you can submit your request to us at the following email address: rekha@rekhakhurmi.com

 

Logos and Trademarks

The trademarks and logos contained on this website are trademarks of Rekha Khurmi.  Use of these trademarks is strictly prohibited except with Our express, written consent. You should submit your request to us at the following email address: rekha@rekhakhurmi.com

 

Links to external websites

This website may contain links that direct you outside of this website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked website, it’s contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites.  

You may link to this website or related social media pages on platforms such as Facebook or Instagram.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed to it in writing.  We may withdraw our consent to you linking to our site at any time by notice to you. You should submit your request to us at the following email address: rekha@rekhakhurmi.com

 

 

Data/Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the website and/or our goods/services, is governed by our Privacy Policy.  By using this website and the services associated with this website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

 

Accuracy of content

We have taken care and precautions to ensure that the information we provide on the website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on the website or on any linked site.

 

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.

 

Limitation of Liability

We try to be as accurate as possible when describing our goods/services or providing information.on our website however you accept that there may be mistakes, errors and inaccuracies. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy and we are not liable for any damage, loss, cost or expense including legal costs and expenses, whether direct or indirect, incurred by you in connection with your use of this website and our goods/services.  Further, all of our Goods/Services are provided without a warranty with the exception of any warranties provided by Australian Consumer Law  

 

Indemnification for loss, damage or misuse.

You agree to indemnify us and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Goods/Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

 

Terms of Sale

Artwork Pricing

All pricing listed on the website is in Australian Dollars (AUD$) and excludes shipping and taxes. If you are an international buyer, you are responsible for paying any currency exchange rate charges and any import (or other) taxes applicable. 

Purchasing Original Artwork

When you contact us to purchase an original artwork, we will be in touch within 4 business days. The artwork will remain listed on the Website as unsold until we have received full payment (including shipping). 

Once we have received full payment, any existing images of the original artwork remain on the site and will be marked as “sold”.  Rekha Khurmi retains all rights to continue using any existing images of the sold original artwork on the website, related social media platforms, business cards and for marketing purposes.

Where Limited Edition Prints of the original artwork were expressly made available on the Website prior to being sold, Rekha Khurmi retains the right to continue selling Limited Edition Prints up to the amount of Limited Editions that were made available.

Purchasing Limited Edition Prints

If you have contacted us to purchase an artwork print we will be in touch within 4 business days. The artwork will remain listed on the website as unsold until we have sold out of the number of editions that were made available. 

Rekha Khurmi retains all rights to continue using any existing images of the sold original artwork or Limited Edition Prints on the website, related social media platforms, business cards and for marketing purposes.

 

Change of mind

We offer a service to allow you to see any artworks virtually in-situ. This allows you to see how the artwork will look in your home. I am also happy to provide further close up images as part of the purchasing process and we can work together to make sure any purchase exceeds your expectations.. All shipped items are considered final sale and cannot be returned or refunded unless covered by Australian Consumer Law, and these rights, warranties, guarantees and remedies may not be restricted, modified or excluded by us. If you have any questions or concerns please get in touch via email rekha@rekhakhurmi.com.

Any request for repair to an artwork will be quoted at request.

 

Delivery

We may arrange delivery of artwork by a reputable courier or by Australia Post. We process deliveries promptly upon receipt of full payment for the artwork and any shipping costs.

All artwork will be packaged appropriately to protect it during transit.

Delivery of physical Goods within Australia may take: between 2 to 21 business days.

Delivery of physical Goods outside of Australia may take: between 6 to 30 business days.

Any digital Goods are delivered immediately. You acknowledge and accept that there are inherent risks with downloading any digital Goods. Please contact Us using the details at the end of these Terms if You experience technical problems regarding delivery of digital Goods.

For delivery of physical goods inside and outside Australia we will include options for Extra Cover for loss/damage up to value of AUD$5000 and Signature on Delivery in our quote to you. It is your decision whether to accept these options for additional peace of mind. 

 

Unfortunately we cannot take responsibility for goods that are lost or damaged during delivery and disputes should be taken up directly by you with the relevant courier or with Australia Post. We will of course assist you where we can.

Variation of Terms

We like to keep our terms up to date and so they may be varied or amended from time to time. If you continue to use the website following any such variation or amendment you will be deemed to have confirmed and agreed to the new Terms as varied or amended.

In the event that you haven't reviewed the latest terms due to cached pages, you agree that the new Terms wholly apply. The latest Terms are dated 10th January 2020.

 

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria, Australia. 

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

 

If you have any questions relating to these terms and conditions please email: rekha@rekhakhurmi.com