terms and conditions

ARTISANS GLOBAL – ONLINE TERMS OF USE



WELCOME TO THE ARTISANS GLOBAL WEBSITE. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.



THE OWNER AND OPERATOR OF THIS WEBSITE, NK&J PTY LTD ACN 615 896 065, PROVIDES ACCESS TO AND USE OF THE WEBSITE SUBJECT TO THESE TERMS. BY ACCESSING AND USING THE WEBSITE AND/OR ORDERING PRODUCTS FROM US, YOU AGREE TO BE CONTRACTUALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR OTHERWISE USE THE WEBSITE.

In these Terms:
“Artisans Global” means NK&J Pty Ltd ACN 615 896 065, a company registered in Australia;
“Artisans Global Site” means the website operated by Artisans Global for the display and the dissemination and sharing of information relating to the sale of Products and related matters;
“AUD” means Australian Dollars;
“Australian Consumer Law” means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth);
“Buyer” means a person who places an Order for a Product using the Artisans Global Site and may include an individual, a company, a partnership, an association, or other organization;
“Card” includes any payment method accepted by Artisans Global from time to time, including bank account, credit card, PayPal account or other authorized payment method;
“Defined Abuse” means misuse of the Artisans Global Site including:
giving an unauthorized person the User’s account and password details;
deliberately or recklessly disrupting Artisans Global’s service;
engaging in the practice known as spamming;
using the Artisans Global Site in an unlawful manner;
using the Artisans Global Site to menace or harass others;
Denial-of-service attacks on Artisans Global, other users or networks;
using the Artisans Global Site to unlawfully obtain access to other networks; or
as otherwise reasonably determined by Artisans Global;
“Denial-of-service attacks” includes behaviour of the User that results in disruption of Artisans Global’s service, disruption of other people’s use or enjoyment of the Artisans Global Site, which includes but is not limited to computer viruses, IRC harassment, e-mail bombardment, damage to internet-connected resources and channel flooding;
“GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Implied Term” means a term implied into these Terms by consumer protection legislation and which such legislation prohibits from being excluded, restricted or modified, including for example guarantees provided under the Australian Consumer Law;
“Impugned Content” means content that:
is false or misleading according to the Australian Consumer Law or any other law;
is obscene, threatening or defamatory;
is invasive of privacy;
infringes any persons’ intellectual property rights;
harasses another User or any other person or group, or encourages such harassment;
is verifiably untrue;
constitutes commercial solicitation, political campaigning, or involves the transmission of unsolicited mass mailing (including spamming);
identifies the author as someone other than the true author of the post;
is pornographic or sexually explicit in nature;
or would otherwise reasonably be considered illegal, objectionable or offensive;
“Login Details” means a unique login identification code, password, and/or other login information to enable connection to the User’s account;
“Order” means an offer to purchase a Product via the Artisans Global Site;
“Product” means a good or a service that offered for sale on the Artisans Global Site;
“Seller” means a person or entity on whose behalf Artisans Global promotes Products via the Artisans Global Site and who is responsible for supplying Products to Buyers;
“Terms” means these terms of use;
“User” means a person who uses the Artisans Global Site, whether or not that person is a Buyer. Where the context permits, references in these Terms to a “User” include a Buyer.
These Terms apply to Users (including Buyers). These Terms will commence when a User first uses the Artisans Global Site and shall continue to govern that User’s use of the Artisans Global Site.
Using the Artisans Global Site

Upon a User registering with Artisans Global, Artisans Global will provide the User with Login Details and a unique user account. Login Details are personal to the User. The User must not use Login Details for multiple concurrent logins and must ensure that Login Details are not disclosed to any other person.
Use of and access to the Artisans Global Site and any User’s user account shall be personal to the User only. The User must not permit any other person to use the Artisans Global Site by means of the User’s user account. The User must immediately notify Artisans Global if another person becomes aware of the User’s Login Details.
The User shall comply with all policies (including in relation to: online sales; content; shipping; refunds; returns; and privacy) in relation to the Artisans Global Site as published (and as may be amended) by Artisans Global from time to time and such policies deemed to be incorporated into these Terms.
The User must comply with all applicable laws and regulations in Australia and in the country in which the User resides or is domiciled. Artisans Global will not be liable for any breach of any such laws and the User fully indemnifies Artisans Global for any breach of such laws by any person.
Artisans Global reserves the right to accept or reject any application for a user account for any reason. Artisans Global may in its discretion (acting reasonably) suspend or cancel a User’s account at any time.
The User is responsible for obtaining and maintaining all hardware, software and services required for accessing and using the Artisans Global Site.
The Artisans Global Site and its contents are subject to copyright and are protected by Australian and international copyright laws. The compilation (including the collection, organisation and display of all content on the Artisans Global Site) is the exclusive property of Artisans Global and must not be reproduced without the prior written consent of Artisans Global. All trade marks, signs, logos and get-up (“marks”) contained on the Artisans Global Site are owned by Artisans Global or the respective Seller. The User must not use such marks without the prior written consent of the owner.
Any articles, comments, news items, other web sites and hyperlinks referred to on the Artisans Global Site are included for information purposes only. Third party sites are not under the control of Artisans Global and therefore Artisans Global is not responsible for the condition or content of them. The User accesses these sites and/or uses their products and services at its own risk. Artisans Global makes no representations as to: any affiliation with any other organization; the quality, veracity or accuracy of information contained in other web sites; or any endorsement of any other organization.
Artisans Global is unable to guarantee that any file made available for download from the Artisans Global Site is free from viruses or other conditions which could damage or interfere with data, hardware or software. The User assumes all risk of files downloaded and used from this site and releases Artisans Global from all responsibility and liability arising from their use.
Artisans Global may make available a facility whereby Users may post comments, reviews, suggestions or other information on the Artisans Global Site forums or discussion threads. The User must not represent expressly or impliedly that any content posted by the User is endorsed by Artisans Global or reflects the views of Artisans Global.
The User must not post or submit any Impugned Content to the Artisans Global Site.
The User must not:
engage directly or indirectly in Defined Abuse;
circumvent or manipulate Artisans Global’s fee structure, the billing process, or fees owed to Artisans Global; or
harvest or otherwise collect information about users, including e-mail addresses, without their consent.
The User uses the Artisans Global Site at the User’s own risk. Except as otherwise provided for in these Terms, Artisans Global does not monitor, supervise or control the content and form of material available on or via the Artisans Global Site. However, Artisans Global reserves the right (but does not have any obligation) to monitor, supervise or edit any content posted to the Artisans Global Site, and to remove any content that violates any clause contained in these Terms, or if required by law to do so.
The User is solely responsible for any content s/he posts to the Artisans Global Site, and the User represents the User owns or otherwise controls all of the rights to the content that s/he posts; that the content is accurate; that use of the content the User supplies or posts does not violate these Terms and will not cause injury to any person or entity. The User fully indemnifies Artisans Global for all claims resulting from content the User supplies or posts.
By posting content to the Artisans Global Site, the User grants, and represents that s/he has the right to grant, Artisans Global a world-wide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
The User warrants to Artisans Global that the User has made all necessary enquiries and satisfied itself regarding the suitability of the Artisans Global Site and Products for its purposes.
Artisans Global may immediately suspend or terminate a User’s use of and/or access to the Artisans Global Site without notice and in its sole discretion (which shall be exercised reasonably, having regard to the circumstances), if the User is in breach of any of these Terms or if required by law to do so.
Placing an Order

Artisans Global acts as an agent for Sellers, for the purposes of promoting Products, arranging payment for Products and related matters. Artisans Global is not responsible for the supply of any Products to Buyers.
The Buyer acknowledges and agrees that the Seller shall be fully responsible to the Buyer in every respect in relation to each Product, including (without limitation) the supply, sale, delivery, warranty and support in respect of the Product. The Buyer irrevocably waives and fully indemnifies Artisans Global in respect of all and any claims relating to such matters, including in relation to any information regarding Products or the Seller and any standard, quality or fitness for purpose of any Product.
The Artisans Global Site and the display of Products on the Artisans Global Site is for information purposes only and does not constitute a contractual offer by Artisans Global in relation to any Product that is capable of acceptance. A contract for the sale of a Product is formed once Artisans Global accepts (in its absolute discretion) an order from a Buyer. Artisans Global reserves the right to accept or reject any Order for any reason.
Certain Products may be available exclusively online through the Artisans Global Site. These Products may have limited quantities and are subject to return or exchange only according to our return policy.
Artisans Global has made every effort to display as accurately as possible the colours and images of Products that appear on the Artisans Global Site. Artisans Global cannot ensure that a User’s computer monitor's display of any colour will be accurate.
Artisans Global reserves the right, but is not obligated, to limit the sales (including by type or volume) of Products to any person, geographic region or jurisdiction. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of Artisans Global. Artisans Global reserves the right to discontinue any Product at any time.
Artisans Global will send an e-mail to the Buyer to acknowledge an Order (as long as the correct e-mail address is provided). This is not an order confirmation or acceptance of an Order.
Artisans Global may accept an Order by debiting the Buyer’s Card for the applicable charges.
The Buyer must pay for the Product in full and in advance (including taxes, duties, delivery and insurance charges, where applicable). Once Artisans Global accepts an Order, we will debit the Buyer’s Card through a secure payment facility or gateway. The Buyer authorizes Artisans Global to debit money from the Buyer’s Card for the purposes of such transaction.
Payments may be subject to a surcharge to cover merchant fees, which fees will be notified at the time of check out.
Artisans Global may without notice remove any Product from the Artisans Global Site at any time for any reason.
Unless expressly stated otherwise, all references to consideration (including charges) relating to this agreement are in AUD and include 10% GST. All amounts payable to Artisans Global must be paid in full without any deduction or set-off whatsoever.
The Buyer acknowledges that Artisans Global receives a commission amount from Sellers.
Products purchased for delivery outside Australia may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Buyer will be responsible for payment of any such import duties and taxes. Artisans Global has no control over these charges and cannot predict or advise as to their amount. The Buyer should contact their local customs office for further information before placing an Order.
If the Seller ceases to trade or is unable to supply the Product to the Buyer for any reason, then:
if Artisans Global has not transferred funds to the Seller in respect of the Order, then Artisans Global shall refund the amount received from the Buyer (less any commissions earned by Artisans Global in respect of the Order); or
if Artisans Global has transferred funds to the Seller in respect of the Order, then Artisans Global shall not have any liability to the Buyer and the Buyer must pursue its rights (if any) against the Seller without reference or recourse to Artisans Global (and the Artisans Global irrevocably waives and fully indemnifies Artisans Global in respect of all and any claims in relation to such matters).
Intellectual property rights

All intellectual property rights relating to the Artisans Global Site are owned by Artisans Global. Intellectual property rights (including moral rights) relating to a Product are not affected by these Terms. Notwithstanding anything to the contrary in these Terms, no clause will operate to assign or provide for the assignment of any intellectual property to a User or to any third person.
Artisans Global grants to the User a non-transferable, non-exclusive and personal licence to use the Artisans Global Site for the purchase of viewing and buying Products (the “Licence”).
The Licence shall be subject to full compliance with these Terms. For the avoidance of doubt, the Licence shall not be deemed a sale, a sale of a copy of a program, a lease, a rental or a loan.
The User must not (directly or indirectly, whether for personal gain, commercial gain, or otherwise) in relation to any content contained on the Artisans Global Site (except in relation to a Product that the User owns):
make copies of, translate, modify, adapt, transmit, publish, share or otherwise reproduce such content;
display such content in public;
distribute, sell, assign, pledge, sublicense, lease, deliver or otherwise transfer or grant access to such content.
Warranties and liability

The User warrants to Artisans Global that:
the User is over 18 years of age and is capable and legally entitled to enter into contracts;
all information supplied by the User is true and correct;
the User will not use the Artisans Global Site in an breach of any law or any person’s rights (including intellectual property rights);
the User will not use any information obtained from the Artisans Global Site, or in respect of any Order or Product, for commercial purposes; and
the User will use the Artisans Global Site only for the purposes stated in these Terms (including Artisans Global’s policies from time to time).
The User is personally responsible for all purchases of Products (including being vicariously responsible for purchases made by any other person using the User’s account).
The User is responsible for verifying all details relating to any Product (including without limitation the author, source, intellectual property rights, compliance with all applicable laws and the authenticity of the Product).
Each User and User must indemnify and save harmless Artisans Global and its related bodies corporate and their respective officers, employees, contractors and agents (the “Indemnified Persons”) from any loss, injury, damage, liability, costs or expenses whatsoever suffered or incurred by an Indemnified Person arising from or in connection with:
any information provided by or on behalf of the User;
the use of the Artisans Global Site by any person (including the User or any third person);
any alleged breach of a person’s rights (including, but not limited to, defamation and intellectual property rights) in respect of the use of the Artisans Global Site;
any breach of these Terms.
All Implied Terms are expressly included in these Terms. All other terms which might otherwise be implied into these Terms, are excluded.
Subject to the Australian Consumer Law, each User agrees that Artisans Global’s maximum aggregate liability in relation to any claim, loss or damage, whether arising under or in relation to these Terms, any tortious act or omission (including negligence) or under common law or statute, is excluded and (if it cannot be excluded) is otherwise limited to the maximum extent permitted by law.
Subject the Australian Consumer Law in relation to an Implied Term, in no event will Artisans Global be liable to a User or to any other person for any indirect, special, incidental, consequential, punitive or other like loss or damage whatsoever, loss of profit or loss of data, whether or not such person was advised of the possibility of such loss or damage, in relation to this agreement.
Subject to clause 37 and any law to the contrary, Artisans Global’s liability for any breach of an Implied Term shall be limited, at its option, to one or more of the following: if the breach relates to goods, the replacement of the goods or supply of equivalent goods, the repair of such goods, or the payment of the cost of replacing the goods or acquiring equivalent goods; and if the breach relates to services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Artisans Global is not required to provide advice or information under these Terms and nothing in the Artisans Global Site constitutes advice of any type. Information contained on the Artisans Global Site or otherwise provided by Artisans Global is provided on an “as is” basis and the User shall make all necessary enquiries as to the appropriateness and correctness, and accepts all risk, arising from that information or reliance on it.
Artisans Global does not warrant the truth or accuracy of any statements or representations made by any User or Seller or in relation to any Product. Each User is responsible for verifying the accuracy and truth of such statements or representations.
Artisans Global agrees to use its reasonable endeavours to provide the Artisans Global Site, to display Products and to enable Orders in accordance with information available to it. However, Artisans Global does not warrant that the Artisans Global Site or any service will be uninterrupted or error-free, or that Product descriptions or other content are true, accurate, complete, reliable, or current. Further, Artisans Global disclaims, to the maximum extent permitted by law, all responsibility and liability arising directly or indirectly from any use of material contained or referred to in the Artisans Global Site, including any errors, omissions or harmful components.
The User shall be solely and entirely responsible for all data backup and security measures relating to its information, including using appropriate firewall and encryption technologies, applying latest security patches, disabling any unnecessary ports, routine backup, having multiple backups and/or redundant backups, archiving data, and conducting regular security audits.
The User expressly acknowledge that no data is entirely secure and safe from a breach or failure of data backup and security. Accordingly, whilst Artisans Global takes reasonable steps in relation to security of the Artisans Global Site, it excludes all warranties and disclaims to the full extent permitted by law all liability in relation to data backup and security.
Use of information

Consent to use of data: The User agrees that Artisans Global may collect and use technical data and related information (including but not limited to technical information about the User’s device, system and application software, and peripherals) that is gathered periodically to facilitate the provision of software updates, product support, and other services to Users (if any) related to the Artisans Global Site. Artisans Global may use this information, as long as it is in a form that does not personally identify the User, to improve Artisans Global’s products and services or to provide services or technologies to Users.
The User authorizes Artisans Global to use and provide personal information to its suppliers and other Users (Sellers and/or Buyers) to the extent necessary to fulfil its obligations under these Terms.
Artisans Global may also collect the User’s personal information and use it for the following purposes:
to disclose to credit reference associations and credit reporting agencies for the purpose of providing services or other credit providers providing services;
for the purpose of engaging with, assisting and fulfilling its obligations to third party suppliers;
for marketing purposes, including to provide information about goods or services which Artisans Global or any of its suppliers or related bodies corporate or affiliates may offer;
for purposes related to or arising out of Artisans Global’s provision of services and credit or commercial credit.
The User gives its consent to the types of use of information described in these Terms. The User gives its consent to Artisans Global sending electronic messages (including commercial electronic messages) within the meaning of the Spam Act 2003 (Cth), to the User.
Artisans Global’s privacy policy [Artisans Global Privacy Policy] shall be deemed to be incorporated into these Terms.
General

Notwithstanding any provision in these Terms, all or part of the agreement governed by these Terms may immediately be suspended or terminated by Artisans Global for any reasonable reason.
Artisans Global will not be responsible for any delay or failure to perform its obligations under these Terms caused by any act beyond its control including without limitation acts of God, wars, strikes, natural disasters, delay or default of any person (including any Seller).
These Terms and Artisans Global’s rules and policies regarding the Artisans Global Site are subject to change by Artisans Global from time to time. Any such change shall be uploaded to the Artisans Global Site. Users should re-check these Terms before using the Artisans Global Site. In the event that a Buyer’s rights are substantially limited by such changes, the Buyer shall be entitled to terminate these Terms by written notice to Artisans Global, provided the Buyer must pay Artisans Global for any goods supplied or services performed up to the time of termination.
All rules and policies published by Artisans Global that relate to these Terms or the matters contemplated by these Terms shall be deemed to be incorporated into these Terms. Links to these rules and policies can be found [SHIPPING POLICY] [REFUND POLICY].
Notwithstanding anything in these Terms, the relationship of the parties under these Terms shall be, and shall at all times remain, one of independent contracting parties and not that of principal and agent, employer and employee, franchisor and franchisee, partners or joint venturers.
These Terms contain the entire agreement of the parties with respect to its subject matter. They set out the only conduct relied on by the parties and supersede all earlier conduct and negotiations by the parties with respect to their subject matter.
Any provision which by its nature would survive termination or expiry of these Terms (including without limitation any exclusion or limitation of liability or indemnity in these Terms) shall survive termination or expiry of these Terms.
Any right under these Terms may not be waived or varied except in writing signed by the person to be bound.
Artisans Global may assign or novate any of its rights or obligations under these Terms and the User gives its consent to such assignment or novation.
The User warrants to Artisans Global that he or she has all necessary authority to enter into the agreement governed by these Terms.
The agreement governed by these Terms is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
The Artisans Global Site may be accessed throughout Australia and internationally. Artisans Global makes no representations that the content of the Artisans Global Site complies with the laws, including laws relating to contracts, consumer protection or intellectual property rights, of any country other than Australia. Users who access this site from outside Australia do so at their own risk and are responsible for complying with all applicable laws.
Continue shopping
Your Order

You have no items in your cart