Terms and Conditions


OUR SERVICE

Nicole Kavanagh is the artist situated on this website nicoleleekav.com and all the work published on this website is the sole property of Nicole Kavanagh.

This site is owned by Nicole Kavanagh [nicoleleekav.com], her office is situated in Victoria, Australia, and offers Australian art to a global audience of art lovers and collectors.

INTRODUCTION

Before you use the nicolekavanagh.com.au website you must read, agree with and accept all of these Terms and Conditions of Use. These policies change from time to time, and they form part of these Terms and Conditions of Use. 

Nicole Kavanagh reserves the right, at her absolute discretion, to change or modify all or any part of these Terms and Conditions of Use at any time, effective immediately upon publishing on the website (www.nicoleleekav.com).  If at any time these Terms and Conditions of Use are no longer acceptable to you, you should immediately cease use of the Nicole Kavanagh website. 

If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use the Nicole Kavanagh website.  

PRICES

All prices shown on the Nicole Kavanagh website are in Australian Dollars (AUD). Prices of artworks shown on the Nicole Kavanagh website are set at the discretion of the Artist. 

SHIPPING OF PRINTS

All prints sold on the Nicole Kavanagh website will be shipped via Australia Post and the shipping cost is provided at the time of purchase on the nicolekavanagh.com.au website. Tracking and Signature on Delivery will be mandatory for all products sold on the website, these service costs are inclusive of the shipping cost.

REFUSAL OR TERMINATION OF SERVICE

Nicole Kavanagh reserves the right to refuse service to anyone at any time and at her absolute discretion. Nicole Kavanagh reserves the right to modify, terminate or suspend member accounts, at any time, at her discretion, and without prior notice. 

DISCLAIMER

Nicole Kavanagh does not accept responsibility for any loss or damage, however, caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user’s use of or reliance on information contained on or accessed through this website. 

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: 

  1. if the breach relates to goods:
    • the supply of equivalent goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired; and
  2. if the breach relates to services:
    • the supplying of the services again; or
    • the payment of the cost of having the services supplied again

This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.