Artiwood Australia Pty Ltd  ABN 12 605 671 298 (referred to as “Artiwood Australia”) is the owner of this website: https://www.artiwood.com.au/ (referred to as the “website”).

Website

These website terms of use (“terms of use”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.

Other methods of engagement

These terms of use, including our General Conditions of Sale, also apply to transactions and interactions made via other methods including, but not limited to, phone, email, fax, post or via an employee or contracted salesperson ("authorised agent") of Artiwood Australia.

Headings

Headings have been included for ease of reference and it is understood and agreed that the terms and Conditions of this Policy are not to be construed or interpreted by reference to such headings.

The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website you are signifying that you agree to be bound by these terms.

You also agree to these terms whenever you transact with Artiwood Australia by other methods including, but not limited to, phone, email, fax, post or via an authorised agent acting on behalf of Artiwood Australia.

Artiwood Australia may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.

The same condition applies to transactions and interactions with Artiwood Australia via other methods including, but not limited to, phone, email, fax, post or via an authorised agent of Artiwood Australia. Your continued engagement with Artiwood Australia via these other methods after any changes to these terms of use will mean you accept those changes.

Artiwood Australia does not warrant the accuracy, adequacy or completeness of material on this website; or in any other published format electronic or otherwise. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Artiwood Australia.

Artiwood Australia does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.

The copyright for the content on this website is owned or licensed by Artiwood Australia and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries.

No material on this website; or content in any other electronic or print format created or disseminated by Artiwood Australia; may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Artiwood Australia.

All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Artiwood Australia.

The Artiwood Australia privacy policy governs the use of information collected from or provided by you at the website; or via other methods. A policy statement prepared by Artiwood Australia for the purposes of being made available to customers and the general public declaring the company's commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available at Privacy Policy.

Artiwood Australia allows you to make feedback, suggestions, comments or requests (“comments”). These comments may be made to info@artiwood.com.au.

If you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and Artiwood Australia is under no obligation to keep such information confidential.

Artiwood Australia will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Artiwood Australia.

Artiwood Australia makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site.

Artiwood Australia may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Artiwood Australia website.

Artiwood Australia generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Artiwood Australia. However, linking to any other page of the website is strictly prohibited, without express written permission from Artiwood Australia.

The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of New South Wales.

The same conditions for jurisdiction apply to transactions and interactions with Artiwood Australia via other methods including, but not limited to, phone, email, fax, post or via an authorised agent of Artiwood Australia.

Artiwood Australia makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website, or provided via any other electronic or printed method, and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.

If Artiwood Australia is found responsible for any damages, Artiwood Australia is responsible for actual damages only. In no event shall Artiwood Australia, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website, or when transacting and interacting with Artiwood Australia by other methods.

The following Conditions of Sale shall apply to any product sold on this website; or sold via other methods including, but not limited to, phone, email, fax, post or via an authorised agent acting on behalf of Artiwood Australia.

These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and Artiwood Australia with respect to the subject matter hereof.

Quality and descriptions

The goods delivered under this Agreement shall be of normal commercial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.

Able to make a contract

The products available on the website for sale under these Conditions of Sale, or made available for sale under these Conditions of Sale by any other method, are only available for sale to individuals who can make legally binding contracts.

The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the Artiwood Australia that you are able to make a legally binding contract.

Your order, whether it is placed via the website or via any other methods, is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) that is specified on the website at the time of your offer and shall be understood to be placed under these Conditions of Sale.

Territory limitation

The products available for sale under these Conditions of Sale, are only available for sale to individuals located within Artiwood Australia's distribution territory ("distribution territory"). This territory is defined as Australian Mainland States and Tasmania, exluding all outlying islands and offshore territories.

Support for any item sold or supplied to individuals located outside of Artiwood Australia's distribution territory is limited by Australian law unless otherwise agreed in writing.

Changes to these conditions

These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.

Establishing a contract

Artiwood Australia reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website or published in any other format, the availability of the product, or an error in your order.

You agree that Artiwood Australia may apply a minimum order value ("minimum value") or minimum order quantity ("minimum quantity") before accepting any order you place on this website or place by other methods including, but not limited to, phone, email, fax, post or via an authorised agent of Artiwood Australia.

Your contract with Artiwood Australia only comes into existence when Artiwood Australia forwards an invoice for your order or confirms receipt of your payment.

Governing jurisdiction

This contract shall be governed by and construed in accordance with the law in effect in the State of New South Wales and by entering into contract both parties are accepting the jurisdiction of the courts of the State of New South Wales in relation to any dispute between them.

Receipt of goods

You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to Artiwood Australia if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements.

No claim shall be recognised unless made in writing and received by Artiwood Australia within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods not in accordance with specified requirements.

Transfer of ownership

Ownership and property in the goods supplied/delivered shall pass from Artiwood Australia to you when you have paid for the goods in advance and Artiwood Australia accepts your offer and assigns the product in the Artiwood Australia warehouse.

Risk passes to you upon delivery to you or to an agreed delivery point. Notwithstanding the ownership in the goods remaining with Artiwood Australia until full payment is made, risk in the goods passes to you immediately upon delivery of the goods to you.

Force Majeure

Artiwood Australia shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Artiwood Australia shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure.

If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement.

For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.

Your responsibility

You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Artiwood Australia a in respect of any such use.

Artiwood Australia is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by Artiwood Australia for the consequences of the use of damaged goods by you.

Goods Act 1958

Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Artiwood Australia implied by the Goods Act, 1958.

You agree to all terms and conditions required of an authorised stockist ("authorised stockist") when applying for a wholesale account with Artiwood Australia. This includes, but is not limited to, ensuring activities you undertake to promote or sell the products we supply do not impugn or harm the reputation of Artiwood Australia or the brands Artiwood Australia distributes.

Reputation management

As an authorised stockist you agree at all times to:

• Depict a product and its functionality accurately. This includes, but is not limited to, never modifying its configuration (such as changing its colour or accessories) or misrepresenting its recommended age grading.
• Portray the quantity of stock in your possession, or for which you have a confirmed order, accurately. Artiwood Australia may agree, at its discretion, to waive this requirement. Contacting Artiwood Australia to request items listed as out of stock on this website doesn't mean you've placed a confirmed order unless Artiwood Australia agrees in writing to accept it.
• Promote and present products distributed by Artiwood Australia in a professional manner in all promotional materials, publishing platforms, marketing activities and promotional events at all times. You also agree not to publish, promote or share content that denigrates or disparages Artiwood Australia or the products it distributes.
• Maintain your website and social media properties to a standard that enhances and positively promotes the products and brands distributed by Artiwood Australia. This includes, but is not limited to, repairing broken links, publishing a comprehensive privacy policy, providing more than one (1) method for contacting your organisation, disclosing the registered business that owns your site (including an Australian Business Number), or the registerd business trading on a third-party platform and ensuring all content is accurate, formatted correctly and displayed in a professional manner. Contact Artiwood Australia for more information on maintaining an acceptable standard.

Channel disclosure

Disclose all channels, forums and platforms used to promote or sell any product distributed by Artiwood Australia. You agree to disclose these to Artiwood Australia in writing when applying for wholesale services. If your channels to market change at any time after making this disclosure you agree to advise Artiwood Australia in writing within seven (7) days of making the change.

Commercial use

Confirm the suitability of a product for commercial use prior to purchasing it. You accept and agree that some products sold by Artiwood Australia are suitable for domestic use only. Suitability for commercial use must be confirmed in writing by Artiwood Australia prior to purchasing any product for this purpose. Failure to do so may void a product's warranty. All goods come with a warranty that cannot be excluded under Australian Consumer Law.

Confidentiality

You agree to keep critical business information confidential at all times. This includes, but is not limited to, wholesale price lists, product data files and account log-in details used for conducting business with Artiwood Australia. This information is confidential and may not be released or transferred to any individual or entity, other than persons employed by your organisation for the fulfilment of their duties, without Artiwood Australia's written permission.

Artiwood Australia may, at its discretion, release some restricted information to prospective customers for business development purposes.

Credit account terms

You agree to all terms and conditions applied to a wholesale credit account ("credit account") approved for your use by Artiwood Australia. For a copy of terms and conditions for your credit account please contact Artiwood Australia at info@artiwood.com.au.

Other obligations

Other obligations may also be required of you from time to time. These are published on this website here or communciated to you in writing. If you are unsure of your obligations please contact Artiwood Australia at info@artiwood.com.au.