Terms & Conditions

Water & Colour, “www.waterandcolour.com” owns and operate this Website.  This document governs your relationship with “www.waterandcolour.com”. Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions and notices. By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites, including but not limited to‘www.etsy.com’, ‘www.ikingdesigns.com’, which are not operated by “water and colour”. “water and colour” has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of “Water and Colour” or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by “Water and Colour” and its licensors. You may store and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 

In order to contract with “Water and Colour” you must possess a valid credit or debit card issued by a bank acceptable to us. “Water and Colour” retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be “Water and Colour” or may in some cases be a third party. Where a contract is made with a third party “Water and Colour” is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law “Water and Colour” and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect “Water and Colour’s” liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with “Water and Colour” and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to “Water and Colour”.

Indemnity

You agree to indemnify, defend and hold harmless “Water and Colour”, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

“Water and Colour” shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and “Water and Colour”. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of “Water and Colour”.

 

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found below. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Privacy Policy

This following document sets forth the Privacy Policy for the “Water & Colour” website, http://waterandcolour.com.

“Water and Colour” is committed to providing you with the best possible customer service experience. “Water and Colour”is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.

Collection of your personal information

There are many aspects of the site which can be viewed without providing personal information, however, for access to future “Water and Colour” customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.

Sharing of your personal information

We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. “Water and Colour” takes reasonable steps to ensure that these organizations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Use of your personal information

For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

Changes to this Privacy Policy

“Water and Colour” reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.

Accessing Your Personal Information

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. “Water and Colour” reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

Returns

We take pride in taking care of your artworks throughout the packaging process and want to do everything we can to make sure your artwork gets to you on time and safely. We want to look after our customers and make sure that each is happy with the service they are provided.

Unfortunately we do not offer any refunds or returns on artworks, prints, commission and any other products purchased through waterandcolour.com or other partnering associated online shops including but not limited to Etsy, society6, ebay. 

In the unlikely situation that an artwork is damaged extensively or defective, we only replace your product for you once inspection process is complete. If you need to exchange it for the same item, send us an email at ‘ruby@waterandcolour.com’ and send your item to: 18 Windrush Avenue, Belrose, Sydney, NSW 2085, Australia.
Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we can’t offer you a replacement print or exchange.

To complete your return, we require a receipt or proof of purchase.

 Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted: (if applicable)

* Book with obvious signs of use

* CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.

* Any item not in its original condition, is damaged or missing parts for reasons not due to our error.

* Any item that is returned more than 30 days after delivery

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund or exchange will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at ruby@waterandcolour.com.

Shipping

To return your product, you should mail your product to: 18 Windrush Avenue, Belrose, Sydney, NSW 2085, Australia.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Terms & Conditions regarding commissioned artworks

These terms and conditions should be read in conjunction with the artist’s quotes and documents and any similarly related documents for the clients relevant and respective of the service of commissioned artworks.

Agreement Contract

Description of project

“Water and Colour’ agree to create a watercolour portrait for the client. Anything else discussed in agreement must also be in writing.

Payment terms

The initial cost of all “Water and Colour” commissions start at a minimum of $500, any additional work or adjustments to costs must first be discussed with client and put into writing. Client must pay a direct payment of 35% of total agreed cost of commissioned artworkto “Water and Colour” for the commencement of photography and painting. Final payment of 65% is due on completion of commissioned work before delivery of Final Deliverables. This contract is bound by the Commissioned Work Returns Policy.

The final commission is delivered as an unframed artwork. Any enquiries regarding framing please email me at ruby@waterandcolour.com.

Copyright

“Water and Colour” reserves the common-law copyright to all works commissioned by Collector that are created by the Artist, including all reproduction rights and the right to claim statutory copyright. No work may be reproduced by Collector without the prior written approval of Artist.

Client Satisfaction

Additionally “Water and Colour” cannot guarantee client satisfaction with Final Deliverables and if such a case should arise full payment will still be due in accordance with this contract.
Final deliverables will be of quality and acceptable standards and representation of photographs used as defined by “Water and Colour”. Full and final payment will be due upon delivery of Final Deliverables regardless of client's satisfaction.

By signing this agreement (sent by email to the client or given in person) the client understands that by nature of commissioned artworks created by “Water and Colour” the artwork will not be a direct or perfect representation of photographs taken. Client should view the ‘Commissioned Works’ Portfolio of “Water and Colour” to gain a general perspective as to the appearance of the Final Deliverables.