BUYING   +    FREE SHIPPING AUSTRALIA   +    FREE RETURNS

                                                 

Buying

1. When your purchase has been confirmed to us by your Credit Card Company or Paypal, a payment receipt will be emailed to the address you have given us. This generally takes place within 24 hours of ordering.

 

Free Shipping Australia

1. Shipping is free for all orders to be delivered to an Australian address. The price you see beside the item is what you pay. No GST applies.

2. An email will be sent to the purchaser on dispatch, with an estimated delivery date.

3. Your item is fully insured for loss and damage during the time the item is in transit to you. 

4.  Close up photos are taken of the item as it is packed at our end to confirm its condition when dispatched.

 

Returns

1. If you decide that the item does not suit, you have 7 days from arrival to inform us and get a full refund.

2. The cost of returning the item (packaging plus courier) is the responsibility of the purchaser.

3. The full refund will be credited to the purchaser when received by us in the same condition as when it was dispatched. 

 

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                                                                             TERMS AND CONDITIONS

                                                                                             Website

                                                                                       tomfranzart.com

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1. Agreement

- By using this Website and the Services and information offered on it, you are agreeing to these terms and conditions.

- If you purchase products through this Website, please make sure you agree with the terms and conditions, which you will be directed to read prior to making your purchase.

 

2. Definitions

- “Services” means services supplied by the website owner in selling and supplying original paintings and images produced by the website owner

- “the Website” means the website tomfranzart.com

- “We / Us” means the artist who produces the paintings and owns and manages the website, plus any subsidiaries, affiliates, employees, officers, agents or assignees.

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3. Accuracy of content                                                                                                                                                    

We have taken proper care and precautions to ensure that the information we provide on this 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 this Website or on any linked site. The information contained on this Website should not take the place of professional advice.

 

4. Use

The 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 or in any other inappropriate way or in a way which conflicts with the Website or the Services. 

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

 

5. Indemnification for loss or damage

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 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.

 

6. Intellectual property and copyrights

We hold the copyright to the content of this Website, including all 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 the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement. 

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:

tomfranzart@gmail.com

Purchase of a painting or image from this site does not entitle the purchaser to use that painting or image for commercial purposes without the agreed and written permission of the owner of    tomfranzart.com

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7. Trademarks

Trademarks and logos contained on this Website are the sole property of the owner of this site.  Use of these trademarks is strictly prohibited except with Our express, written consent.

 

8. Links to external websites

Should this Website 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, its 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 our articles or home page.  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 in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

 

9. Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  Further, all of our Services are provided without a warranty unless specifically requested or paid for by a purchaser in relation to a purchase, such as insurance for an item when in transit. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

 

10. 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 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.

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11. Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

 

12. Governing Law                                                                                                                                          

These terms and conditions are governed by and construed in accordance with Australian Consumer Law. Any disputes concerning this website are to be resolved by the courts having jurisdiction under Australian Consumer Law.

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.

 

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                                                                                         PRIVACY POLICY

                                                                                                Website

                                                                                          tomfranzart.com

 

1. Definitions

- “the Website” means the website tomfranzart.com

- “We / Us” means the artist who produces the paintings and owns and manages the website, plus any subsidiaries, affiliates, employees, officers, agents or assignees.

 

2. Governance

We are committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

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3. What is Personal Information and why may it be collected?                                                                           

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers. This Personal Information may be obtained in many ways including correspondence, by telephone and facsimile, by email, via our website tomfranzart.com  , from your website, from media and publications, from other publicly available sources, from cookies, and from third parties. We don’t guarantee website links or policy of authorised third parties.                                                                             

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.                                        

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

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4. Sensitive Information                                                                                                                                                               Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.                               

Sensitive information will be used by us only:                                                                                                           

- For the primary purpose for which it was obtained                                                                                                  

- For a secondary purpose that is directly related to the primary purpose                                                                 

- With your consent; or where required or authorised by law.

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5. Third Parties                                                                                                                                                         

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

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6. Disclosure of Personal Information                                                                                                                 

 Your Personal Information may be disclosed in a number of circumstances including the following:                             

- Third parties where you consent to the use or disclosure; and                                                                          

- where required or authorised by law.