Terms of Service

Prices

All transactions are processed in Australian Dollars (AUD). All prices displayed on the Website are subject to change without notice. The valid price at any time is that which is published on the Website at the time of purchase. Prices on the Website may differ from those published elsewhere and by third parties.

In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, ashleigh elle art may refuse to fulfill any orders placed for such products listed at the incorrect price, whether or not the order has been confirmed or you have been charged in part or full for the order.

Product Appearance

ashleigh elle art makes every effort to ensure the products are displayed as accurately as possible on the Website, however, ashleigh elle art does not warrant that the product descriptions, images or prices are accurate. The actual colour of products may be different to how they appear on your screen, as monitor colour varies considerably. In addition, paper stock may vary from product to product and may contain imperfections. ashleigh elle art believes that such imperfections add to the character of the products. This means, no two products will be 100% identical. Where products including frames have been purchased, the Client acknowledges that exact frame colours will vary somewhat from the reference images provided as natural products (wood/timber) will always have variation. 

Due to the physics of viewing a screen versus print, the Client acknowledges that prints will not look identical to screen.

Printing and Framing

ashleigh elle art offers printing and framing services via affiliated third party providers. ashleigh elle art makes every effort to ensure that printing and framing services are completed at a high quality.

Orders

Your receipt of an electronic, or other form of, order confirmation does not signify ashleigh elle art's acceptance of your order, nor does it constitute confirmation of ashleigh elle art’s offer to sell. Ashleigh elle art reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not you have been charged for the order. If ashleigh elle art declines or limits your order, ashleigh elle art will refund your order to the extent that ashleigh elle art has declined or limited your order.

Once your order has been submitted to ashleigh elle art, any request for subsequent changes must be sent in writing to info@ashleighelle.art

Changes cannot be guaranteed and shall be at ashleigh elle art's sole discretion. Any change or cancellation agreed to by ashleigh elle art may incur additional costs, which shall be notified to you.

By placing an order, you acknowledge that:

you are over 18 years of age;

all details you provide to ashleigh elle art are true and accurate, that you are an authorised user of the account and connected credit card to place your order and that there are sufficient funds to cover the cost of the goods; and

foreign exchange rates may fluctuate and that all charges are subject to such changes.

A confirmation email will be sent to you in acknowledgement of receipt of your order. This document supersedes all prior correspondence in relation to your order (verbal, written, graphic or otherwise). Once your order has been fulfilled, you will receive a second email confirming it has been dispatched.

Payment

Payment must be made in full at time of online order. Ashleigh elle art utilises the services of third parties, including Stripe and PayPal to process payments on the Website. You are responsible for making your own enquiries into and abiding by the terms and conditions of use of the relevant third party payment processing entity. All enquires or issues relating to payment processing must be directed to the relevant third party payment processing entity. In no event shall ashleigh elle art be responsible or liable for any payment processing issue or error. Ashleigh elle art will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Intellectual Property

All rights reserved.

The intellectual property rights in all artwork, images, material, and other content made available to you on or through the Website remains the property of ashleigh elle art – including any product you purchase from ashleigh elle art. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the artwork, images, materials, or other content which appears on the Website, even if you have purchased a product from ashleigh elle art. You further acknowledge that all intellectual property (whether registered or unregistered) including copyright, trade marks, and/or other information relating to ashleigh elle art products shall vest at all times with ashleigh elle art (and/or its licensors). For the avoidance of doubt, purchasing any ashleigh elle art product does not give you any ownership or license rights in or to the copyright in such product.

Linking to the Website

You may link to the Website, provided you do so in a way that is fair and legal and does not damage ashleigh elle art’s reputation or takes advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

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. 

Liability and Indemnity

To the maximum extent permitted by law, ashleigh elle art shall not be liable for any losses, liabilities, costs, damages, charges or expenses whatsoever or howsoever incurred relating to or connected with your use of the Website or purchase of any of ashleigh elle art's products.

Every effort is made to keep the Website up and running smoothly. However, ashleigh elle art takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond ashleigh elle art’s control.

You hereby agree to indemnify and hold harmless ashleigh elle art, its officers, employees, contractors, agents, affiliates, successors, assigns, suppliers and licensors harmless against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including legal expenses) arising out of: (a) your misuse of any ashleigh elle art products; (b) your breach or alleged breach of these Terms; (c) your infringement of any law, rule, regulation or rights of others in connection with your use of ashleigh elle art's products; or (d) your use or disclosure of another person’s personal information including any financial or billing information which you are not authorised to use or disclose.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Western Australia, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of such State in resolving any disputes.

Entire Agreement

These Terms constitute the entire agreement between the parties and shall supersede any and all preceding and contemporaneous agreements between you and ashleigh elle art.

For any additional questions, please contact us by email on: info@ashleighelle.art