Before proceeding to the Shop 12 please read our Buying Terms & Conditions outlined below.
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms”). If you do not agree to these Terms please do not use this site. We reserve the right, at our discretion, to update or revise these Terms. Please check all the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms constitutes acceptance of those changes.
Nexus Modern Art Buying Terms and Conditions consist of the following:
Visiting Terms
Terms of Sale
Privacy Policy
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to Nexus Modern Art. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Visiting Terms
By using this website, you accept the practices that are described in this document, and are part of the terms and conditions governing the use of this website and the terms and conditions governing any other Nexus Modern Art service you use.
Terms of Sale
BEFORE PLACING YOUR ORDER VIA PAYPAL, PLEASE READ THESE TERMS OF SALE CAREFULLY.
1. FORMATION OF THE CONTRACT FOR ONLINE TRANSACTIONS
1.1 These Terms of Sale apply to goods supplied and ordered from the Nexus Modern Art online gallery website at (the ‘Website’).
1.2 These Terms of Sale should be read carefully by you before you place an order for goods from Nexus Modern Art. If you do not accept these Terms of Sale you should not place an order.
1.3 No contract exists between yourself and Nexus Modern Art for the sale of any goods until Nexus Modern Art has received and accepted your order and sends you confirmation of your order by writing or email to the address or email you have given. Nexus Modern Art shall not be under any obligation to accept your order but once it has done so by sending you confirmation in writing or email there is a binding legal contract between you and Nexus Modern Art.
1.4 You must be eighteen (18) years of age or older to order from the Nexus Modern Art Website. By accepting these Terms of Sale you are confirming to us that you are no less than eighteen years of age.
1.5 Nexus Modern Art may change these Terms of Sale without notice to you in relation to future sales.
2. AVAILABILITY, DESCRIPTION, SPECIFICATION AND PRICE OF THE GOODS
2.1 All goods are subject to availability. If on receipt of your order the goods you have ordered are not available, Nexus Modern Art will inform you as soon as possible, and refund or re-credit you for any sum that has been paid by you for the goods.
2.2 The description, specification and price of the goods you order will be as shown on the Website at the time you place your order. You understand and agree that the colour of the goods may differ slightly from what is displayed on your computer monitor and that Nexus Modern Art is not responsible for any colour variances.
2.3 Subject to 2.4 below, the price of the goods will be the price quoted on the Website at the date the order is received. All prices are quoted in Australian dollars and inclusive of GST where applicable. Unless specified to the contrary on the Website, the price will not include packaging and delivery charges for delivery within Australia.
2.4 Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to despatch of the goods, Nexus Modern Art will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Nexus Modern Art will refund or re-credit you for any sum that has been paid by you for the goods.
2.5 If and where the goods are supplied for export from Australia, you will be liable for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes which are levied on them. You will also be liable for additional freight charges to be incurred for transport from Australia to the country of destination.
3. PAYMENT
3.1 Payment for the goods and delivery charges can only be made via PayPal. Funds will be deemed to be paid when cleared in the bank of Nexus Modern Art. If you wish to purchase an art work using an alternative method of payment please contact us [email protected]
3.2 All deliveries are subject prior to authorization of your payment.
4. DELIVERY, RISK, RETURNS AND REFUNDS
4.1 The goods you order will be delivered to the address you give when you place your order, subject to confirmation of your order by Nexus Modern Art.
4.2 Upon processing your order we will email you confirmation details and endeavour to despatch the item directly from the artisan within 5 working days.
4.3 All goods are packed to a very high standard and insured to cover damage. If you receive any damaged goods please photograph the damaged goods and packaging and contact the freight company and Nexus Modern Art with the details immediately.
4.4 Please choose carefully. We do not give refunds if you change your mind or make a wrong selection. Exchanges or refunds can be given where the items are faulty, wrongly described or damaged in transit, subject to paragraph 4.3.
4.5 Every effort will be made to deliver the goods within time periods specified. If Nexus Modern Art is unable to deliver the goods within 30 days of receiving your order, Nexus Modern Art will inform you as soon as possible and you will be entitled to cancel the order and obtain a refund or credit for any sum that has been paid by you for the goods. Nexus Modern Art will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
5. LIABILITY
5.1 Nexus Modern Art shall not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident or negligence by yourself or any third party.
5.2 Subject to paragraph 5.1, if the goods supplied to you are in any way defective or you have any other complaint about the goods, please contact Nexus Modern Art by email at [email protected]
5.3 Nexus Modern Art will not be liable for losses relating to any business (such as lost profits or consequential loss) which arise from any failure by Nexus Modern Art to supply the goods in accordance with the contract.
5.4 Nexus Modern Art shall not be held responsible for any delay or failure to comply with its obligations under these terms of sale if the delay or failure arises from any cause which is beyond Nexus Modern Art’s reasonable control. This condition does not affect your statutory rights.
6. DATA PROTECTION AND TRANSACTION SECURITY
6.1 Nexus Modern Art will take all reasonable precautions to keep the details of your order and payment secure but unless Nexus Modern Art is negligent Nexus Modern Art will not be liable for unauthorised access to information supplied by you.
6.2 Nexus Modern Art will only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise. You can correct any information about you, or ask for information about you to be deleted, by giving written notice to Nexus Modern Art at the email address shown at 9.1.
6.3 Transactions with Nexus Modern Art are processed through the Paypal payment screen. The transactions are protected from third parties by encrypting and digitally signing each transaction and by authenticating merchant-to-bank and bank-to-merchant communications.
7. COOKIES
7.1 Nexus Modern Art may use technology to track the patterns of behaviour of visitors to the Website and personalise your viewing experience. This can include using a ‘cookie’, which would be stored on your browser. The information collected in this way can be used to identify you unless you modify your browser settings. You can usually modify your browser to prevent this happening. However, the Website may not work as well if you switch off cookies.
8. INTELLECTUAL PROPERTY
8.1 This website is copyright of Nexus Modern Art © 2014. All rights reserved. The content of this website is copyright of either Nexus Modern Art or the Artist / Artisan. Content may not be copied, downloaded or used in any form without the express written permission of Nexus Modern Art or the Artist / Artisan where the content is their own work.
8.2 The Artist / Artisan retains all copyright for their physical art or craft, including reproduction rights, even when the physical art or craft is transferred to the Purchaser. If a Purchaser wishes to reproduce the art or craft this must be negotiated separately with the Artist / Artisan.
9. NEXUS MODERN ART’S CONTACT DETAILS
9.1 If you have any queries about our Terms or any other aspect of our Website you can email us at [email protected] We will endeavour to respond as quickly as possible.
10. GENERAL
10.1 These Terms are not intended to and shall not create any rights, entitlements, claims or benefits enforceable by any person other than the person who is party to a contract with Nexus Modern Art for the supply of goods online.
10.2 All our Terms and Conditions are governed by the laws in force in Victoria, Australia. By using the website you agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
11. INDEMNITY
11.1 You agree to defend, indemnify, and hold Nexus Modern Art, its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the website, services, Nexus Modern Art Content or Member Content, or your violation of these terms.
12. CONTESTS AND AUCTIONS
12.1 Nexus Modern Art may on occasion operate contests, auctions and similar promotions through the website. You should carefully review the official rules of each promotion in which you participate as they may contain additional information, rules, terms and conditions.
Privacy Policy
Nexus Modern Art considers privacy and protection of its client’s personal data to be of utmost importance and takes all reasonable care to comply with the requirements of the Australian Privacy Act 1988, however, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
We will not sell, distribute or disclose information about you to others without your consent or unless required or permitted to do so by law. The website may contain links to other web sites, which may not be governed by this privacy policy.
Nexus Modern Art will not store or retain any of your debit card or credit card details on our web site. Any future transactions you process with Nexus Modern Art will require you to provide this information again.
Neither Nexus Modern Art nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Transactions with Nexus Modern Art/Shop12 are processed through the standard PayPal payment screen.
We may monitor customer traffic patterns, site usage and related site information in order to optimize our service. We may give aggregated statistics to a reputable third-party, but these statistics will not include any personally identifiable information.
In general, you may browse our website anonymously. However, certain of our online services require the collection of some personally identifying information, such as your name, address, and/or comments.
In order to provide you with timely notice about upcoming exhibitions and events, Nexus Modern Art may send you email notices based on your expressed interests. At the bottom of each email you will be provided with the option to unsubscribe from future mailings. Also at any time, you may send an email to [email protected] with the word unsubscribe in the subject line and your email address will be removed from our distribution lists.
Our services are not intended for use by children, and the terms and conditions governing the use of our services require that you must be at least 18 years old to use them.
Nexus Modern Art generally does not pre-screen, monitor, or edit the content posted by users on this site. However, Nexus Modern Art and its agents have the right at their sole discretion to remove any content that, in Nexus Modern Art’s judgment, does not comply with this Code of User Conduct or is otherwise harmful, objectionable, or inaccurate. Nexus Modern Art is not responsible for any failure or delay in removing such content.
Should you come across any conduct on the site that contravenes this code, please report it to [email protected]
*IMPORTANT - Please note you are welcome to browse Shop 12 and are under no obligation to purchase any artwork unless you press the 'Buy' button and proceed through the Paypal payment process.
