Last updated 22 April 2024

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1. OVERVIEW

This website ("Website") is operated by Jenelle de Souza, trading as Her Art is Soul, which will be referred to throughout these Terms and the website with the terminology “Her Art is Soul”, “we”, “us” or “our”.

By visiting our Website and/or purchasing a product ("Product") or service ("Service") from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website, or by purchasing any Product or Service, you agree to be bound by these Terms. If you do not agree to these Terms, then you may not access the website, or purchase any Products.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.​

 

 

2. ONLINE STORE TERMS OF USE
By using our Website and purchasing our Products and Services, you represent that you have the legal capacity and are of sufficient age (18) to be bound by these Terms of Service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses or any malicious code of a destructive nature to this Website. We do not accept responsibility for any loss or damage to your devices arising out of your use of the Website. 
A breach or violation of any of these Terms will result in an immediate termination of your Services.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

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3. PURCHASE OF PRODUCTS AND SERVICES

PRODUCT INFORMATION
All descriptions of products or product pricing are subject to change at anytime without notice and at our sole discretion. We reserve the right to discontinue any product at any time.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

You are responsible for determining whether the Product is fit for your purposes. We do not warrant that the Product will meet your expectations.

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RESTRICTION OF PRODUCT SALES
Certain products or services may have limited quantities available. We reserve the right to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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ACCURACY OF BILLING AND DELIVERY INFORMATION
You agree to provide current, complete and accurate purchase and address delivery information for all purchases made through our website.

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DELIVERY AND SHIPPING
The delivery costs outlined on the individual Product pages will be added to your cart upon checkout. 
We will deliver the Products to you in accordance with the shipping information displayed on our Shipping & Returns page.

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INSTALLATION OF ARTWORK PRODUCTS
You are responsible for installing or hanging artwork Products (canvas prints or original artwork) that you purchase on this Website. In purchasing our Product, you acknowledge that we are not liable for any loss or damage resulting from your hanging or installation process, whether it be direct, indirect, special, incidental, or consequential.

We strongly advise engaging a hanging specialist to install or hang your canvas securely and safely.

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RETURNS
Because all products sold on this website are custom made-to-order upon order by a customer, returns, exchanges, refunds or cancellations for a change of mind are not possible once an order has been placed.

If there are any issues with your Product or if you have any queries before purchasing a Product, please email us at connect@herartissoul.com as we want you to be happy with your purchase.
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REPLACEMENT FOR DAMAGED, FAULTY OR INCORRECT ITEMS

We will replace your Product if goods delivered are the incorrect item or have been damaged in transit (by delivery courier). In line with Australian Consumer Law, if the Product that you receive has a major fault that cannot be rectified or replaced or appears vastly different from the Product description on our Website (noting that colours may vary slightly from each screen), you may be entitled to a return for refund after completing the process below.

In the event that you have received a damaged, faulty or incorrect item, please email us within 24 hours of receiving delivery of the goods to connect@herartissoul.com. Please include in the email:

- Your name, order number and item details

- A description of the damage, fault or incorrect item

- A clear photo of the damage, fault or incorrect item including the outer packaging.

After the details of your email are reviewed and the replacement request accepted, we will notify you by email and will send you a prepaid returns label to return the item for replacement or refund. Please keep the item's original packaging in order to package it up for return. Costs of shipping the replacement item will be paid by us.

 

4. PAYMENTS
Purchase amounts are displayed in Australian dollars and are per unit (unless indicated otherwise). Payments are processed securely using data encryption via the customers' choice of PayPal or credit card. 
No payment information is stored on this website.

In making payment for a Product or Service on this website, you warrant that you are authorised to use the credit or debit card you provide with your order.

All Products must be paid for by you in advance of any delivery of your order. If we do not receive prompt payment, or your payment is declined or reversed by your financial institution, we have the right to suspend or cancel your order in accordance with these Terms.
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5. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

6. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.​

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7. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
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8. PROHIBITED USES
In addition to other prohibitions set out 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.

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9. PERSONAL INFORMATION
The personal information that you submit through website is governed by our Privacy Policy. Your privacy is important to us and in no way are your details shared with anybody else or third party affiliates. As an email subscriber to our mailing list, your email address is stored securely and you may unsubscribe from our email newsletter communications at any time by following the unsubscribe link in the emails. Please view our full Privacy policy for more information on use and storage of information.

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10. INTELLECTUAL PROPERTY
Her Art is Soul holds the intellectual property rights of all content and artwork on this site. The content and artwork images may not be modified, reproduced, distributed or sold by the purchaser in any way.

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11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Her Art is Soul, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.​

 

 

12. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Her Art is Soul and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

 

13. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

14.TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

 

15. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

 

16. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applying Queensland, Australia.​

 

 

17. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

 

18. CONTACT INFORMATION
Any questions about the Terms of Service should be sent to us at connect@herartissoul.com