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TERMS AND CONDITIONS  

 

These terms and conditions are the contract/agreement between you (the welcomed customer) and SETT + MAXE (“us”, “we”, etc.).By visiting or using Our Website, you agree to be bound by them. 


We are SETT + MAXE, a company registered in Brisbane, Australia, ABN number 95 617 160 878, Telephone number: +61 411 825 303, email: info@settandmaxe.com.au


You are: Anyone who uses/benefits from Our Website/Services 


Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately. 
 

The terms and conditions: 
 

Definitions 

In this agreement: 
 

“Consumer” 

means any individual who, in connection with this agreement, is acting for a purpose which is outside his business. 
 

“Content” 

means the textual, visual or audio content that is encountered on Our Website. It may include, among other things: text, images, sounds, videos and animations. 
 

“Extra Work” 

means all of the work we do and materials we buy to prepare or produce Specified Artwork. 
 

“Artwork” 

means any of the Artwork we offer for sale on Our Website, or, if the context requires, Artworks we sell to you. It includes Specified Artwork. 
 

"Intellectual Property" 

means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights. 
 

"Post" 

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
 

“Specified Artwork” 

means Artwork which have been subject to work or process to your specific order. 
 

“Our Website” 

means any website of ours, and includes all web pages controlled by us.


 

1. Interpretation 

Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below. 

1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa. 

2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit. 

3. the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation. 

4. in the context of permission, “may not” in connection with an action of yours, means “must not”. 

5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing. 

6. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to. 

7. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.

These terms and conditions apply to all supplies of Artworks by us to you. They prevail over any terms proposed by you. 
 

2. Our contract with you 

1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties. 

2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.  

3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you. 

4. Because we rely on our suppliers, we do not guarantee that Artwork advertised on Our Website are available within the standard 10-12 weeks lead time. The stated timeframe is always indicative. If we are not able to deliver your Artwork within 12 weeks of the date of your order, we shall notify you by e-mail. 

5. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Artwork. We advise you to print a copy for your records.  

6. The price of Artworks may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Artworks. 

7. If in future, you buy Artworks from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied. 
 

3. Acceptance of your order 
This paragraph applies to Artworks which you buy from us as advertised, without change to your specific requirements. 

1. Your appointment booking is an offer to buy from us. 

2. We shall accept your booking by e-mail confirmation. That is when our contract is made. At the appointment the contract is drawn up and details confirmed of your  artwork, the client's particulars, the payment method, the delivery method and any other particulars.   

3. SETT + MAXE will request legal permission to use imagery material for social media purposes anonymously in writing.

4. All written price proposals and offers made by SETT + MAXE are without commitment and are valid in unchanged circumstances for 7 calendar days following their date of issue, unless otherwise expressly stated in writing in the offer. If the client has not accepted the offer within the above period, the offer expires. After the expiry of the offer, SETT + MAXE is entitled to revise the offer. 

5. The obligations of SETT + MAXE never extend beyond that which is confirmed by it to the client in writing. 

6. It is understood that the artwork is the product of a creative process and SETT + MAXE is free to make choices in producing it. 

7. SETT+MAXE will retain sole ownership of the digital files and will only be used for production of the sculptures.

8. If we do not have all of the Artworks you order in stock, we will offer you alternatives. If this happens you may: 

   - accept the alternatives we offer; 
   - cancel your order. 

9. Due to the nature of production of the sculptures, there will always be little imperfections of the sculpture. This is part of the beauty of the artwork.

10. Gift vouchers are valid for a maximum of 12 months from their date of issue. A gift voucher cannot be exchanged for money.  
 

4. Extra Work  
This paragraph applies to Specified Artwork. 

1. Our contract to supply Specified Artwork is a contract for both the supply of Artwork and the Extra Work you have asked us to do. 

2. Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. At any point up until then, we may decline your order without giving any reason. From that time, we are both bound to these contract terms. 

3. If you wish to make any change to the specification of the Extra Work, you must pay us the sum we estimate that the change will cost us, based on our then current charging rates. 

4. If you terminate this agreement before the Specified Artwork is complete, you agree to pay us for all of the Extra Work to the date of cancellation by you. In addition you will pay us a mark-up of 30% of the total cost of Extra Work. 

5. Prices 

1. Prices of Arworks are shown on Our Website and availble on enquiry, either through email or telephone. 

2. Prices include goods and services tax (“GST”), start-up, editing and shipping costs. When you book through our booking system, you pay $30 reservation costs. We will deduct this amount from the final invoice. 

 
6. Payment 

1. We require the full payment of your order before we will send your custom artwork for production.

2. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you. 

3. If, by mistake, we have under-priced Artwork, we will not be liable to supply the Artwork to you at the stated price, provided that we notify you before we dispatch it to you. 

4. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due. 

 
 7. Security of your credit card 

We take care to make Our Website safe for you to use. 

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment. 
 

8. Delivery 

1. The artwork is delivered approx. 12 weeks from full payment of the Artwork. The stated delivery timeframe is always indicative. If we are not able to deliver your Artwork within 12 weeks of the date of your order, we shall notify you by e-mail.

2. You may want to collect your Artwork, please contact us on info@settandmaxe.com.au to arrange pickup. 

3. Delivery of the Artwork will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery. 

4. Artworks are sent at our risk until signed for by you or by any other person at the address you have given to us, unless you have instructed us in the order process that you wish us to leave the Artwork without an acceptance signature (for  example: “leave it in the front door”). 

5. If Artwork is sent by post. We will send you a message by email to tell you when we have dispatched your order. 

6. Artwork is at your risk from the moment they are collected from our office. 

7. All Artworks must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Artwork may be retained by the driver. When your Artwork arrives it is important that you check immediately the condition and quantity. If your Artwork have been damaged in transit, you must refuse the delivery and immediately contact us so that we can make further arrangements. 

8. Signing "Unchecked", "Not Checked" or similar is not acceptable.  

9. If we agree with you to deliver on a particular day, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non- delivery. 

10. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence. 

11. We are happy for you to pick up the Artwork from our premises provided you make an appointment in advance and payment has been received into our bank. 

12. If you pick up the Artwork from our premises then: 

  1. Artworks are at your risk from the moment they are picked up by you or your Carrier from our premises; 

  2. you agree that you are responsible for everything that happens after you take possession of the Artwork, both on and off our premises, including damage to property of any sort, belonging to any person. 
     

9. Liability for subsequent defects  

1. We will repair or replace the Artwork which fail to comply with the provisions of the Competition and Consumer Act 2010 or which shows a defect. If you claim that the item is defective,
the following conditions apply: 

    (1) the defect must be reported to us immediately upon delivery or pick up of the artwork, the client is bound to inspect the work performed. If the client does not judge to work performed to be satisfactory they must notify SETT + MAXE of this    
    immediately in writing via email at
info@settandmaxe.com.au

    (2) the defect results only from faulty design or manufacture; 

    (3) you have returned the defective Artwork to us if we have so requested. 

2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Artwork free of charge. 

3. If we repair or replace the Artwork, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect. 

4. Changes to the artwork and other activities following delivery to the client shall be deemed to be contract extras and will be charged for separately. zeA
 

10. Artworks returned 

1. We do not accept returns unless there was a defect in the Artwork at the time of pick up or delivery, or we have agreed in correspondence that you may return them. See point 9 for further instructions. 
 

11. How we handle your Content 

1. Our privacy policy is strong and precise. It complies fully with current privacy law which you can find in more detail on Our Website. 
 

12. Security of Our Website 

If you violate Our Website we shall take legal action against you. 

You now agree that you will not, and will not allow any other person to: 

1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it. 

2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser; 

3. download any part of Our Website, without our express written consent; 

4. collect or use any product listings, descriptions, or prices; 

5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement; 

6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website; 

7. share with a third party any login credentials to Our Website; 

8. despite the above terms, we now grant a licence to you to: 

    (1) create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading,    
    derogatory, or otherwise offensive manner. You may not use any logo or other pro prietary graphic or trademark of ours as part of the link without our express written consent. 

    (2) you may copy the text of any page for your personal use in connection with the purpose of Our Website. 
 

13. Disclaimers  

1. The law differs from one country to another. This paragraph applies so far as the applicable law allows. 

2. All conditions, warranties or other terms implied by the law of any county other than the Australia are excluded from this agreement to the fullest extent permitted by law. 

3. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Artworks, at any time and without advance notice. 

4. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any website. We would be grateful if you bring to our immediate attention, any that you find. 

5. We give no warranty and make no representation, express or implied, as to: 

    (1) the quality of the Artwork; 

    (2) any implied warranty or condition as to merchantability or fitness of the Artwork for a particular purpose; 

    (3) the correspondence of the Artwork with any description; 

    (4) the adequacy or appropriateness of the Artwork for your purpose;  

    (5) the truth of any Content on Our Website; 

    (6) compliance with any law; 

    (7) non-infringement of any right. 

6. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of the Artwork. 

7. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Artwork you have purchased. 

 

14. Indemnity 

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from: 

1. your failure to comply with the law of any country; 

2. your breach of this agreement; 

3. any act, neglect or default by any agent, employee, licensee or customer of yours; 

4. a contractual claim arising from your use of the Artwork; 

5. a breach of the intellectual property rights of any person. 

 

15. Intellectual Property 

1. Copyright works owned by you or a third party are unaffected by this agreement. 

2. The Intellectual Property in all work we do in the process leading to completion of the Specified Artwork and in the completed Specified Artwork belongs to us. 

3. If you change or create derivative versions of the Specified Artwork, the Intellectual Property in those changed or derived versions also belongs to us. 

4. We now grant an exclusive license to you to use the Intellectual Property in the Specified Artwork for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Artwork. 
 

16. Miscellaneous matters 

1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. 

2. Where we provide Artworks or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Artwork or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Artworks or that service. 

3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way      affect any other of these terms. 

4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title. 

5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. 

6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. 

7. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail. 

    It shall be deemed to have been delivered: 
    if delivered by hand: on the day of delivery; 

    if sent by post to the correct address: within 72 hours of posting; 

    If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.  

8. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. 

9. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party. 

10. We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control. 

11. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail. 

12. The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland and you agree that any dispute arising from it shall be litigated only in that State. 

 

Once again thank you for this partnership and we really appreciate your custom.  

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