Access to and use of this website and the products and services available on it are subject to these Terms and Conditions. Use of this site and the products and services available on it constitutes acceptance of these Terms and Conditions.
These Terms and Conditions and policies may be changed or modified by us from time to time without notice.
Purchasing products or services on this website is restricted to individuals 18 years of age or older. Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
Although most items are in stock at most times, sometimes items sell out. If for any reason we do not have the items you have purchased, we will contact you as soon as possible and let you know. We apologise in advance if this ever happens.
Accuracy of product description
All products and services on this website are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure this information is correct, but we cannot eliminate the possibility of:
- Human error in entry of information
- Incorrect information provided to us by suppliers or distributors
- Failure of suppliers or distributors to supply updated information to us.
Products displayed on this website are only representative of colour and texture. Please allow for some variation. You understand and agree that Open Canvas uses commercially reasonable efforts to display the colours of products accurately via the website. However, as individual computer monitors may display colours differently, Open Canvas is not responsible for the colour accuracy of products displayed on the website, and disclaims all liability in this regard.
We make every effort to describe the products we sell (including any imperfections in original artworks). Please read the product notes carefully in this regard.
We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.
All prices on the Open Canvas website are displayed in Australian Dollars. For orders under $75, delivery costs will be charged in addition to the displayed prices. All prices advertised are subject to change.
Payment is due in full at the time you make your order and can be made by debit or credit card using PayPal. Open Canvas also receives direct deposits:
Account Number: 1009392
Account Name: Open Canvas
Reference: Please use your last name or invoice/order number
Please email confirmation of any direct payment into our account.
Once payment has been received, we’ll send you an invoice via email.
Payments made on a weekend or public holiday won’t begin payment processing until the next business day.
Details you provide us
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised 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. It is your responsibility to ensure the product delivery address is correct. Open Canvas takes no responsibility for any product a customer does not receive due to errors in the delivery address provided to us. Please note that we do not ship to PO Boxes. While our site is not set up for international orders, please contact us if you are an international customer, and we’ll see if we can assist you.
Please note that orders will not be processed until payment has cleared, so paying by direct deposit may delay your order by several days. We will process your order once payment has been verified and received in full and Open Canvas is satisfied with the integrity of the order.
Manufacturing and dispatch times
As many items on the Open Canvas website are made to order using third parties, and due to the print-on-demand nature of our service, please allow some additional time for your order to be created before it can ship. Dispatch times may vary according to manufacturing time periods, availability, postal delays or force majeure, for which we will try to avoid but are ultimately not responsible. We apologise in advance for any delays that may be experienced.
Shipping / Delivery
Please note that we do not ship to PO Boxes. While our site is not set up for international orders, please contact us if you are an international customer, and we’ll see if we can assist you.
Open Canvas uses Australia Post and other courier companies. We take great care to get your order transported to you in its finest condition.
If you require your order as soon as possible and would like express delivery, please contact us by phone. Additional charges will apply.
As with all mail order purchases, our formal responsibility and ownership of the goods ends once we’ve sold the goods to you, and we deliver the package on your behalf to Australia Post or the courier we use. You are welcome to pick up your goods if you prefer.
Please not that delivery times can be delayed due to unforeseen circumstance that are out of our control such as changes in shipping schedules, strikes, carrier delays etc. The timely and safe arrival of your purchase is important to us and we apologise in advance for any delays that may be experienced.
For original art pieces, delivery is to your front door only and will require a signature of receipt. We will notify you by email when your parcel has shipped, with tracking details. Your acceptance of delivery acknowledges that the artwork arrived undamaged.
Goods damaged or lost in transit
If any damage occurs to your order during transit then you must note this and inform us and the courier at time of receipt. Please note we cannot help you if you fail to inspect your delivery in a timely manner as damage caused in transit must be notified to the courier, and acted upon, at the time of delivery. You don’t need to refuse the delivery (although you can) – you just get them to note the damage. Please email us a photo of the damaged item within 24 hours of receipt.
If a parcel should be lost/damaged severely, we’ll do everything we can to help you with this issue, in terms of tracking and tracing and liaising with the carrier on your behalf, but there is a formal process that we must go through before we can make an insurance claim (which can take a significant amount of time). Unfortunately we can’t under any circumstances send out any replacement goods until the insurance claim is settled.
Returns and Refunds
We are a small business that offers specialised and made-to-order items, and as such we cannot be as flexible with returns.
Please consider your purchases carefully as we’re generally unable to allow returns or refunds if you have simply changed your mind about an artwork which was accurately described and presented on the website. We may allow you to return some items but this is entirely at our discretion and please be aware that the only legal right of return you have under Victorian law is if goods are faulty or not fit for purpose.
We’re very happy to offer extensive advice to make sure you’re getting the right products for your needs. If you have any doubt or questions about a work, please contact us before you buy it and we will try to satisfy any questions or concerns you may have. It is your responsibility to check the exact specifications of products before purchase if this is of critical importance to you.
We will of course provide a replacement (where possible) or refund for items which are wrongly described or faulty. If this occurs, please contact us within 3 days of receipt of the item and advise us of your intentions. If we do agree to accept a return, the product must be returned to us within 7 days in its original, unmarked condition exactly as sold. As the item will be at your risk until received by Open Canvas, we strongly suggest you purchase shipment method with tracking and insurance. We will notify you once we have received the returned goods and a refund will be made by credit to your card. Freight costs will only be refunded if the return is a result of our error. If any of these conditions are not complied with, a refund will not be made unless at our absolute discretion we agree otherwise.
All content (including images) on the Open Canvas website is copyright of either Open Canvas or the artist. Content must not be downloaded or used without express written permission from Open Canvas, or the artist where the content is their own work.
The artist retains all copyright for physical artwork, including reproduction rights, even when the physical property is transferred to the purchaser. Reproduction of any work must not be made without written permission.
Please note the licenses granted by the artist to Open Canvas (including the right to reproduce the artist’s artwork) will remain in effect, notwithstanding the sale of artwork to the purchaser, unless otherwise agreed by Open Canvas with the purchaser.
Privacy and Security Policy
Your privacy is very important to us and we respect it.
We do not disclose your personal information to other parties for marketing purposes. We only use the information you provide to us for the purpose for which it was collected.
In order to provide you with our products and/or services we may require and collect information from you such as your contact details, shipping address and billing/payment information. We also collect and store your correspondence with us, via, for example, telephone, email or directly through the website, in order to record of the services we provide to you.
We may share your information with third parties we use (including manufacturers, printers, shipping/freight companies and banks/payment processors), to provide services and products on our site. These third parties are prohibited from using your information for any other purpose. We do not share information with third parties for any unrelated uses.
From time to time we may use your personal information for our promotional correspondence and useful information about Open Canvas. For example, we may inform you of our new products and services, upcoming events, or information about the types of causes we support. You can opt out of this correspondence at any time by unsubscribing.
If you have any comments or questions about how we collect and use your information, please contact us.
Security of Information
You can shop with Open Canvas with confidence. Your payments are handled over an encrypted connection or via a secure third party processor. We use PayPal for our online credit card transactions. Your financial details are processed through this website securely using the latest 128-bit SSL (secure sockets layer) encryption technology.
No data transmission over the internet can be guaranteed as totally secure. Accordingly, while we take all reasonable steps to keep your information secure, we cannot guarantee that information, during transmission through the internet or while stored on our systems or otherwise, will be absolutely safe from unauthorised access by others.
Links to other sites
Links on the Open Canvas site to external parties are not covered by this policy. These terms and conditions only cover the Open Canvas website (www.opencanvas.com.au).
Changes to privacy and security policy
We may need to update our privacy and security policy from time to time. We will post any modified or updated versions on our website.
Conduct and use of the website
You must not use, or attempt to use this website in breach of any applicable laws of the State of Victoria, Commonwealth of Australia, or local laws in your jurisdiction. You will not commit or encourage a criminal offense; transmit or distribute a virus or any other material which is malicious, technologically harmful, or in breach of confidence; hack into any aspect of the service; corrupt data; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities accessed via this website. Breaching this provision would constitute a criminal offense and we will report this to the relevant law enforcement authorities, along with your identity.
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 Open Canvas. Content and images published on or sourced from this website must not be used, stored, reproduced, distributed, published, altered or transmitted in any form or by any means.
Your use of this website is undertaken at your own risk. The information and services provided on our website are provided in good faith without warranties or representations of any kind other than as expressly stated. Open Canvas shall not be liable for any reliance placed on information in relation to which Open Canvas has not guaranteed accuracy. Any inaccuracies on this website which are brought to the attention of Open Canvas will be corrected as soon as possible.
Open Canvas shall not be liable for any consequential damages arising out of your use of this website, including (but without limitation) any late delivery of goods or services or the downloading of infected data, viruses or other harmful material that may infect your computer equipment and programs. To the extent that the liability of Open Canvas cannot by law be excluded, our liability shall be limited to either replacing the goods in question or refunding the cost of those goods.