Terms & Conditions of Use and Sale

Welcome to Walkingart.com.au. We provide access to the Walkingart.com.au website (the “website”) and sell our products to you subject to the conditions set out on this page.

Please read these conditions carefully before using the Walkingart.com.au website. By using the Walkingart.com.au website, you signify your agreement to be bound by these conditions.

Product Availability

We will make every reasonable effort to deliver the products you have ordered within thirty days of the date of your order. If this is not possible, we will notify you and at your option agree a different delivery period or provide a substitute product of equivalent value. Alternatively, you may cancel your order in which case, if your payment card has been debited, we will refund you the purchase price.

On some occasions, we are required by the card issuer to perform additional security checks on the payment card, which can delay the order until the card has been authorized.

The delivery times given are approximate and delays can sometimes occur.

Prices, Value Added Tax and Payments

Prices shown on Walkingart.com.au include GST, where and to the extent that GST is required to be applied to the product under Australian GST law.

Payment

All online orders received by Walkingart.com.au are processed by PAYPAL to ensure that you enjoy maximum security and peace of mind when making payments online.

Payment will be processed at the time of order. The name and billing address given must be the same as the registered name and address of the card holder. Failure to supply correct details may result in your order being delayed until you supply the correct details.

All product prices and delivery charges are shown in AUD. Your payment card company will perform any currency conversion.

Price Increases

Although we update our database on a regular basis,we reserve the right to increase prices without prior notification. Nevertheless the prices at the time of purchase are final and as stated.

We reserve the right to change prices listed without notice. All orders for products are subject to availability and Walkingart.com.au reserves the right to refuse to supply to any individual or company.

Pricing Errors

Although we make every effort to ensure the prices on the website are correct, mistakes may sometimes be made. If we discover a mistake in the price of the products you have ordered, we will tell you and give you the option of either reconfirming your order at the correct price or cancelling your order. If we are unable to contact you or we receive no reply from you, we will cancel your order. If your order is canceled and you have already paid for the products you will receive a full refund.

Restrictions

Before placing an order you must be aged 18 years or over.

In some instances we may decline to deliver parcels to PO addresses. We will contact you if we consider the PO address to be a problem.

Order Acceptance and Confirmation

All orders will be accepted and processed unless you receive an email by us informing you the reasons why your order has not been accepted. Apart from that, all orders that go through the Walkingart.com.au website will automatically generate a Transaction ID number, which will be emailed to you along with an order summary.

Occasionally and for various reasons, payments do not go through our secure payment system.
However, an order summary might still be sent by email. This is for informational purposes only. No order has been placed and no transaction has been processed unless a valid Transaction ID number is included and payment has been received.

Walkingart.com.au reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

Consolidating Orders & Multiple Deliveries

If items that will usually be dispatched within a week are ordered with items that are usually dispatched in a month the former may be held in order to be dispatched with the latter.

Items you order from Walkingart.com.au may sometimes be sent in more than one delivery, even if you’ve requested that you receive them all together. For example, you may receive multiple deliveries if your order contains an oversized item that needs to be dispatched separately. Regardless of the number of deliveries you receive, you’ll only be charged the amount that was originally quoted to you at the time you placed your order.

Delivery Charges

Delivery charges will be payable where and to the extent a delivery charge is required to be applied to a specific item or order. If we cancel your order a refund will be issued back to your card. For more information on delivery options, times and rates, please visit our Shipping and Returns pages

Customs

When ordering goods from Walkingart.com.au for delivery abroad (not in Australia) you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Walkingart.com.au you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Your Cancellation Rights

You may cancel your order within 24 hours of purchase and prior to us posting of such order by contacting us by email quoting your order or Transaction ID number. We will refund you the cost of your unwanted products minus any charges applicable at the time.

Return of Faulty, Incorrect or Sub-standard Products

If the products you return are faulty or incorrect, we will refund you the cost of the products upon returning the products to us. Please return such products to us within 7 days of delivery. Please refer to “Making Returns” below.

Making Returns

Products may be returned:

– By post in accordance with the following procedure: Repackage the products securely and send the products together with the reason for return, the invoice number (or transaction ID number), your e-mail address or telephone number and instructions as to whether you would like a refund or a replacement.

– Returns by post are made at your risk. We recommend that you use an insured registered mail service as returns not received by us cannot be credited to you. Your return delivery charges will not be refunded by us and such charges will be your own responsibility.

All unwanted goods must be in re-saleable condition, in their original packaging and with any security seals still intact.

Refunds will be credited only to your payment card. Refunds will not be paid in cash.

Electronic communications

When you visit Walkingart.com.au or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Terms and Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Severability

If any part of these Terms and Conditions of Use & Sale is found to be unenforceable as a matter of law, the enforceability of any other part of these terms and conditions will not be affected.

Governing Law

These Terms and Conditions of Use & Sale and any contract between us shall be governed by and interpreted in accordance with Australian Law and the New South Wales Courts shall have jurisdiction over any disputes between us.

Statutory Rights

These Terms and Conditions of Use & Sale are in addition to your statutory rights as a consumer which remain unaffected.

The Contract Between Us

After you have confirmed your order we will send an email to you summarizing each order you have placed.

Contracts formed between Walkingart.com.au and users as a result of using this site shall be governed in all respects by Australian Law and all such users hereby submit to the non-exclusive jurisdiction of the New South Wales courts.

No contract will subsist between you and Walkingart.com.au for the sale of products by us to you until your credit/debit card has been charged. This will be deemed to be our acceptance of your offer and to have been effectively communicated to you. This is to be interpreted and enforced with the laws of Australia, in its entirety and will be subject to the jurisdiction of the New South Wales courts.

This disclaimer does not affect your statutory rights as a consumer.

Liability

To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees, warranties and terms relating to the goods or services and this agreement, except those set out in this agreement, including but not limited to:

– implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in any of our terms;
– our goods or services being unavailable; and
– any warranty related to your vehicle might be void; and
– any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with the service(s) provided or the modification of the Vehicle inability to access the goods or services, and the late supply of goods or services, even if we were expressly advised of the likelihood of such loss or damage.
– for any loss of profit, administrative inconvenience, disappointment, or indirect or consequential loss or damage arising out of any problem in relation to the products you ordered which was not within our reasonable contemplation as a probable result of a breach of contract on our part at the time that our contract with you was concluded.
– where performance of any obligations to you is prevented, frustrated or impeded by any circumstance or caused beyond our reasonable control.

Seller Liability

The seller does not accept liability for shortages in quantities delivered unless the buyer notifies the seller of any claim of short delivery of the goods within two working days of delivery. In such circumstances the seller’s liability shall be restricted to making good the shortfall.

Goods ‘Lost In Transit’

Please note that we will not be held liable implied or otherwise due to loss of goods in transit. By proceeding you understand and agree that we have no control over the courier companies and therefore we cannot accept any risk for goods lost in transit due to circumstances beyond our control.

For deliveries to any address within Australia please allow 15 working days from the date of dispatch. If this time elapses and the goods have not arrived, you should contact your local post office to verify that no items are being held for you pending delivery. If your post office has confirmed that no packages are being held, please contact us immediately. If you wish replacement goods to be sent, you must contact us within 28 days of your order being dispatched. We will not send replacement items unless you have checked your local post office first.

For deliveries to any address outside Australia, please allow 28 working days from the date of dispatch (priority deliveries only). If this time elapses and the goods have not arrived, you should contact your local post office to verify that no items are being held for you pending delivery. If your post office has confirmed that no packages are being held, please contact us immediately.

Complaints

We aim to provide outstanding customer service. If you have any complaint about the service you have received from us, please contact us.

Limitation

Notwithstanding the above, our total liability arising out of or in connection with our goods or services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the value of the purchase cost of such goods or services but to a maximum of $500.00 Australian Dollars whichever is the least amount.

Disclaimer

Walkingart.com.au and/or their respective suppliers make no representations or warranties about the accuracy, completeness or suitability for any purpose of:

– The information contained in the documents and related graphics published in this site; or any of the products of whatever nature details of which appear on this site.
– All such documents and related graphics are provided, and any such products (where ordered) are accepted by customers, “as is” and without warranty of any kind.
– All titles/products are ordered subject to availability and prices quoted are subject to change without notice due to circumstances beyond the control of Walkingart.com.au. Should a price change we will contact you by e-mail and ask if you wish to proceed. You will have no obligation to purchase the title(s)/product(s) at the new price quoted.

We reserve the right not to sell to trade customers for re-sale purposes.

Prices advertised online by Walkingart.com.au are valid only when purchasing items from Walkingart.com.au

The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Walkingart.com.au howsoever arising for inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

Any losses incurred or sustained by users who transmit information by means of e-mail or other Internet link shall be borne solely and exclusively by such user and in no event shall any such losses in whole or part by borne by Walkingart.com.au.

All brand names, product names and titles used in this site are trademarks or trade names of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights.

This disclaimer does not affect your statutory rights as a consumer.

Please note that some of our processes are manual and errors can arise. We carry out frequent checks to detect any errors. If they do occur, we will act immediately to minimise inconvenience and disappointment.