Disclaimer

It is possible for Art Investments Pty Ltd to receive interest in an artwork from more than one purchaser simultaneously, for an artwork to be withdrawn from sale by Art Investments Pty Ltd or for a variation in the price of the artwork to occur whilst on display.

If an intention to purchase an artwork is received from two or more prospective purchasers, Art Investments Pty Ltd reserves the right to sell the artwork to one purchaser at Art Investments Pty Ltd's sole discretion. If a prospective purchaser has initiated a transaction on Art Investments Pty Ltd website, they must immediately alert Art Investments Pty Ltd via email and telephone (taking into account Art Investments Pty Ltd's operating hours), so Art Investments Pty Ltd may withdraw the artwork from sale in the website showroom and elsewhere.

Where an artwork is withdrawn from sale, Art Investments Pty Ltd will amend the website to reflect this within a reasonable time but cannot guarantee that it will be removed prior to a purchase being initiated online for the artwork. If a prospective purchaser has purchased an artwork via Art Investments Pty Ltd website that has already been purchased via Art Investments Pty Ltd showroom or elsewhere or has otherwise been withdrawn from sale by Art Investments Pty Ltd, the prospective purchaser will receive a refund of any amounts paid via SecurePay or other Merchant Facilities available on Art Investments Pty Ltd website.

Prospective purchasers otherwise acknowledge and agree that such refund is the full extent of Art Investments Pty Ltd's liability to the prospective purchaser and that Art Investments Pty Ltd is in no way liable for any claim by the prospective purchaser in relation to its failure to secure an artwork.

Art Investments Pty Ltd reserves the right to vary the sale price of an artwork at anytime after the artwork is displayed for sale in the showroom, on the website or elsewhere. Where the price of an artwork is subject to change, Art Investments Pty Ltd will amend its written material and the website to reflect the varied price within a reasonable time but cannot guarantee that such change will be made prior to a purchase being initiated online for the artwork.

Art Investments Pty Ltd reserves the right to cancel any such order for any reason and the prospective purchaser acknowledges and agrees that Art Investments Pty Ltd will be in no way legally obliged to complete the sale of the artwork at the formerly advertised price.

Colours and finishes
  1. Colours of artworks depicted on the website are as true as possible given the photographic processes used to capture the colour and finish of each artwork.
  2. Colours and finishes will sometimes vary depending on the quality and make of computer monitors. We will not be liable to You in relation to any artwork you purchase via the website that is not precisely the same colour as you may have observed on your computer monitor.
  3. While we have taken all reasonable and practicable steps to capture true colours and finishes of artworks depicted on the website, essentially, there is no substitute for viewing the work at the gallery prior to purchase.
Security

Art Investments Pty Ltd are committed to protecting your privacy and ensure your shopping is secure when you order on our site. In order to prevent unauthorised access or disclosure Art Investments Pty Ltd have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information Art Investments Pty Ltd collect online.

Direct Credit Card Payments & Merchant Facilities

GeoTrust SSL.The Cooks Hill Galleries website is located within a GeoTrust secure server environment which utilises SSL (Secure Sockets Layer) Encryption software to protect your personal information, including your name, address, and credit card information. SSL encryption is the industry standard for the highest level of internet security. When you enter your credit card number into the order form, it is transmitted across the Internet in an encrypted (scrambled) form and not decoded until Art Investments Pty Ltd receive it ensuring that it cannot be read or intercepted by anyone. Your browser will also confirm that this SSL security mechanism is operating - Internet Explorer does this by displaying a closed padlock at the bottom of your browser. Our GeoTrust SSL certificates enables up to 256-bit encryption, which exceeds industry standard. To ensure that any credit card payments (Visa or Mastercard) are handled securely on our site Art Investments Pty Ltd use SSL and also do not store any of your payment details anywhere on our website.

Merchant Facilities

Our Merchant Facilities are provided by Westpac in association with Securepay. With over 11,000 clients it is understandable that SecurePay is focused on meeting security standards that are industry leading. The focus of our security is centred around the safe processing and storage of sensitive personal Credit Card, Charge Card and Direct Entry information. PCI DSS (Payment Card Industry Data Security Standard) Compliance is a strict security standard the card schemes (Visa and MasterCard) have introduced globally to ensure personal information is properly protected. SecurePay holds the highest level of PCIDSS accreditation

PayPal Payments

You may select the Paypal service to process the payment part of your order if you have an existing PayPal account. Paypal is a leading worldwide supplier of secure online services and has been operating for many years. It has around 78 million account members worldwide and is available in 56 countries around the world. If you choose this option you will automatically be redirected to the Paypal site for payment, where you enter your credit card details (i.e. Mastercard or Visa) before being returned to our site.

Other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that Art Investments Pty Ltd do not have any control over that other website. Therefore, Art Investments Pty Ltd cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy policy and security statement. You should exercise caution and look at the privacy statement and security applicable to the website in question.

Currency

Unless stated all prices are in $AUD.

Refund Policy

Please choose carefully. Art Investments Pty Ltd do not normally give refunds if you simply change your mind or make a wrong decision. You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described, are different to the product purchased on the website or doesn't do what it is supposed to do

Customer Service Policy

Cooks Hill Galleries is committed to providing exceptional customer service and quality art. Art Investments Pty Ltd endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery timeframes are between 3-10 business days; in the event that an ordered item is not available or Art Investments Pty Ltd are unable to fulfil your order Art Investments Pty Ltd will notify you within 2 business days to arrange an agreeable alternative item or a full refund.

Liability

To the fullest extent permitted by law:

  1. all conditions and warranties concerning (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded for any artworks supplied by the Art Investments Pty Ltd via the website. To the full extent permitted by law the gallery’s liability to you is limited to the remedies contained in Section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth), which you agree is your only remedy;
  2. in no event will Art Investments Pty Ltd, its officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the website be liable to you for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or your inability to use the website, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not We are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
  3. Art Investments Pty Ltd is not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the website; and
  4. remedies under these terms and conditions are exclusive and are limited to those expressly provided for in these terms and conditions.
Shipping Policy

As all artworks are different, Art Investments Pty Ltd will contact you after your purchase regarding shipping options. Art Investments Pty Ltd providers can ship nationally and internationally, subject to the terms of carriage of those providers. Art Investments Pty Ltd will inform you of those terms of carriage if requested by you.

Alternatively you can choose a provider of your choice, or simply pick up the artworks from Art Investments Pty Ltd’s premises or nominated pick up location. In this instance, you will bear all cost and risk in delivery of the artwork to your nominated place for delivery.

In all instances of shipping, title in the artwork will pass to you upon payment by you for the artwork and risk will pass to you upon dispatch of the artwork from Art Investment Pty Ltd’s premises or nominated place for collection or dispatch.

General
  1. To the extent that any part of these terms and conditions are invalid, unenforceable, illegal, void or voidable for any reason, then these terms and conditions will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
  2. Art Investment Pty Ltd’s waiver of any breach or a failure to enforce or to insist on the observance of a condition of these terms and conditions will not constitute a waiver of any other or of any subsequent breach.
  3. Art Investments Pty Ltd will not be responsible or liable for failure to perform any obligation under these terms and conditions if such failure is caused by the occurrence of any matter beyond the gallery’s reasonable control including, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
  4. These terms and conditions are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.
Contact Art Investments Pty Ltd

Should you require any further assistance please contact Art Investments Pty Ltd. our details are listed below

Mark Widdup - Director

Trading as

Cooks Hill Gallery, Cooks Hill Galleries & Art Investments P/L

67 Bull St, Cooks Hill 2300
T: +61 2 49263899

F: +61 2 4926 5529
ABN: 24 003 537 942

mark@cookshillgalleries.com