PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This website is operated by WHITTON PARK. Throughout the site, the terms “we”, “us” and “our” refer to WHITTON PARK. WHITTON PARK offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and whittonpark.com’s rights and obligations to each other.
SECTION 2 - LIMITATION OF LIABILITY
It is an essential precondition to you using our website that you agree and accept that whittonpark.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, 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, personal requirements. 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.
SECTION 3 - COMPETITION AND CONSUMER ACT
Our goods and services come with guarantees that cannot be excluded, modified or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), whittonpark.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICE
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - DELIVERY OF GOODS
I strive to provide a seamless and reliable shipping experience for your original artworks and prints. Please review my shipping policy outlined below:
7.1 PROCESSING TIME
Original Artworks: The processing time for original artworks may vary depending on the piece. Some artworks may be ready for shipment immediately, while others may require additional time for packaging and preparation. Typically, artworks are shipped within 5 business days.
Unframed Prints: For unframed prints, please allow 3-5 business days for processing. We ensure that each print is carefully inspected and packaged to maintain its quality during transit.
Framed Prints: For framed prints, please allow up to 3 weeks for processing, as each frame is made to order.
Digital Products: For digital products, such as downloadable artwork or digital files, you will receive access to the product immediately upon completing your purchase. An email containing the necessary instructions and download links will be sent to the email address associated with your order.
7.2 SHIPPING METHODS
Domestic Shipping: Original artworks, prints, and other physical goods may be delivered by Australia Post and/or other reputable courier companies.
International Shipping: We also provide international shipping to select countries by Australia Post and/or other reputable courier companies. Please note that customs duties and taxes may apply, and it is the buyer's responsibility to comply with any import regulations and cover any additional costs.
Digital Products: Delivery of digital products is conducted via email or through a secure download link provided after purchase. No physical shipment is required for digital products.
7.3 SHIPPING RATES
Domestic Shipping: Standard shipping within Australia is free with express shipping options available for select products. Express shipping rates will be calculated based on the destination, package size and weight.
International Shipping: Flat rate shipping is available for international orders. The shipping rate will be calculated based on the destination, package size and weight, and shipping method chosen.
The applicable shipping charges will be displayed during the checkout process before finalising your purchase.
7.4 SHIPMENT TRACKING
Once your order is shipped, you will receive a confirmation email with tracking information. You can use this tracking number to monitor the progress of your shipment and estimate its expected delivery date.
7.5 DELIVERY TIME
Australia: Shipping times with Australia Post and our select couriers vary depending on the destination.
International Deliveries: Please allow 2-5 weeks for delivery. Unforeseen circumstances such as customs delays or extreme weather conditions may affect the delivery timeframe.
Digital Products: Immediate access is provided upon purchase.
7.6 PACKAGING
All artworks and prints are carefully packaged to ensure their safe arrival. Original artworks will be protected with appropriate packaging materials to prevent damage during transit. Prints will be enclosed in acid-free paper and shipped in sturdy mailing tubes or flat packaging, depending on the size and type of print.
7.7 SHIPPING ADDRESS
Please ensure that the shipping address provided during the checkout process is accurate and complete. We cannot be held responsible for any delays or losses due to incorrect or incomplete addresses. If you need to make any changes to the shipping address after placing an order, please contact us as soon as possible. Please also note, large artworks (greater than 100cm x 100cm in size) cannot be delivered to a PO Box. In such cases, a physical residential or business address must be provided.
7.8 SHIPMENT INSURANCE
We provide shipping insurance for all orders to protect against loss or damage during transit. In the event that your package is damaged or lost, please contact us immediately so that we can initiate a claim and take appropriate action.
SECTION 8 - REFUNDS AND RETURNS POLICY
Your satisfaction is my top priority. I want you to be completely happy with your purchase of original artworks and prints. However, I understand that circumstances may arise where a refund or return is necessary. Please review my updated refunds and returns policy outlined below
8.1 ORIGINAL ARTWORKS AND PRINTS
Refunds: I offer a 30-day grace period on all original artwork and print purchases if you change your mind for any reason. To be eligible for a refund, the artwork must be returned in its original condition, along with its Certificate of Authenticity if applicable. The artwork must be shipped back within 7 days after the 30-day grace period ends. Please contact me within this timeframe to initiate a refund request. The return shipping costs will be the responsibility of the customer. Once I receive the returned print and verify its condition, I will process a refund for the purchase price, excluding any original express shipping fees, if applicable.
Returns for Damage: If you receive an original artwork or print that has been damaged during transit, please notify me within 48 hours of receiving the artwork. Clear photos of the damage, including the packaging, must be provided. I will work with you to find a suitable solution, which may include repair or replacement of the artwork.
8.2 DIGITAL PRODUCTS
Refunds: I offer refunds on digital products only under the following circumstances:
Technical Issues: If you experience technical issues that prevent you from accessing or using the digital product, please contact me within 7 days of purchase. I will work with you to troubleshoot the issue. If the problem cannot be resolved, I will provide a refund.
Duplicate Purchases: If you accidentally purchase the same digital product multiple times, please contact me immediately. I will verify the duplicate purchase and provide a refund for the additional transaction.
Returns: Due to the nature of digital products, I do not accept returns for digital purchases. Once a digital product is accessed or downloaded, it cannot be returned.
8.3 GENERAL TERMS AND CONDITIONS FOR REFUNDS AND RETURNS
Request Process: All refund and return requests must be made in writing by contacting me via email or through my website's contact form.
Refund Timeframe: Refunds will be issued using the original payment method within 14 days of receiving the returned item or approving the refund request.
Right to Refuse: I reserve the right to refuse a refund or return request if I determine that the item has been tampered with, damaged due to improper handling or misuse, or if the return does not comply with my policy.
Inspection upon Delivery: I recommend inspecting your artwork or print upon delivery and contacting me immediately if any issues arise. Providing clear photographs of any damage will help expedite the resolution process.
Digital Product Access: For digital products, I recommend testing your ability to access and use digital files promptly upon purchase. If you encounter any issues, please contact me immediately for assistance.
SECTION 9 - GIFT CERTIFICATE TERMS
Delivery: Gift Certificates are digital products emailed directly to the recipient. No physical certificate or card is provided. If a Gift Certificate needs to be re-sent, it will only be sent to the original email address provided at the time of purchase.
Checking Balance: The remaining balance of a Gift Certificate can be checked on whittonpark.com by using the Gift Certificate Code provided.
SECTION 10 - YOUR PRIVACY
At whittonpark.com, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. whittonpark.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
SECTION 11 - THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
SECTION 12 - DISCLOSURE OF INFORMATION
whittonpark.com may be required, in certain circumstances, to disclose information in good faith and where whittonpark.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
SECTION 13 - LINKS TO OTHER WEBSITES
whittonpark.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between whittonpark.com and the owners of those websites. whittonpark.com takes no responsibility for any of the content found on the linked websites.
whittonpark.com’s website may contain information or advertisements provided by third parties for which whittonpark.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
SECTION 14 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 18 - DISCLAIMER
To the fullest extent permitted by law, whittonpark.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. whittonpark.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of whittonpark.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
SECTION 19 - COLOUR DISCLAIMER
Every effort is made to ensure that our images provide a true representation of the original artwork or product. Actual colours may vary slightly to how you see them on your smartphone, tablet, screen, monitor, or other viewing device (together “Display”). This may be due to Display settings, or how individuals see and interpret colour differently. We cannot guarantee that the colour you see on a Display accurately portrays the true colour of the product or artwork.
SECTION 20 - COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
whittonpark.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
SECTION 21 - USE OF WEBSITE CONTENT
All images, artworks, photographs, graphics, data, including but not limited to moving images, videos and other content (together “Material”) on this website are protected by Australian and international copyright, trademark, patent and other laws relating to intellectual property. You may not do anything which interferes with or breaches those laws or our intellectual property rights in the Material. Any unauthorised use of any Material may violate such laws and we do not grant any express or implied permission to you to use any Material. You may not copy, republish, link to, download, modify, adapt, repost, reverse engineer, create derivative works based on or otherwise use any of the Material on this website without a licence or an agreement from us.
You can purchase the Material featured on this website. If you decide to purchase Material, you may not reproduce, display, transmit, distribute or otherwise exploit the Material, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of Material except in accordance with the agreed licensing provisions. Materials are intended for your personal use only, unless otherwise specified in the agreed licensing provisions. You may not use or reproduce Material in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. For any other use or distribution, you must have express written consent from us.
SECTION 22 - EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of whittonpark.com. whittonpark.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then whittonpark.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. whittonpark.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
SECTION 23 - WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and whittonpark.com concerning your use and access to whittonpark.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
SECTION 24 - EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
SECTION 25 - JURISDICTION
This agreement and this website are subject to the laws of WA and Australia. If there is a dispute between you and whittonpark.com that results in litigation then you must submit to the jurisdiction of the courts of WA.
CONTACT US
If you have any questions or concerns pertaining to these terms and conditions, please contact us by emailing admin@whittonpark.com, or post to PO Box 236, Boddington WA 6390.
WHITTON PARK | ABN: 89 849 141 083