TERMS & CONDITIONS

1. About the Website
Welcome to www.exanimoframing.com (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products listed for sale through the Website (the ‘Products’). This service is provided by granting you access to the content on the Website (the ‘Purchase Services’).

The Website is operated by Ex Animo Art and Framing (ABN 27 642 199 568). Access to and use of the Website, or any of its associated Products or Services, is provided by Ex Animo Art and Framing. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing, and/or reading the Website, you signify that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website or any of its Services immediately.

Ex Animo Art and Framing reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Ex Animo Art and Framing updates the Terms, it will use reasonable efforts to notify you of these changes. Any changes to the Terms take immediate effect from the date of their publication. Before continuing, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Ex Animo Art and Framing in the user interface.

3. Registration to use the Purchase Services
To access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

• Email address

• Mailing address

• Telephone number

You warrant that any information you provide to Ex Animo Art and Framing in the course of completing the registration process will always be accurate, correct, and up-to-date.
Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member, you will have immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:

• You are not of legal age to form a binding contract with Ex Animo Art and Framing; or

• You are a person barred from receiving the Purchase Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Purchase Services.

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4. Your obligations as a Member
As a Member, you agree to comply with the following:

• Use the Purchase Services only for purposes that are permitted by the Terms, any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;

• You are solely responsible for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in immediate cancellation of the Purchase Services;

• You are prohibited from using the Purchase Services for illegal or unauthorized use, including collecting email addresses for unsolicited emails;

• Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Legal action will be taken for any illegal use of the Website;

• Automated use of the Website or Purchase Services is prohibited.

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5. Purchase of Products and Returns Policy
When purchasing a Product through the Website, you agree to pay the purchase price listed on the Website (the ‘Purchase Price’).
Payment of the Purchase Price may be made through escrow, PayPal, bank transfer, Art Money, or in-store (the ‘Payment Gateway Provider’). In using the Purchase Services, you agree to be bound by the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers.
Following payment confirmation by Ex Animo Art and Framing, you will receive a receipt confirming payment, and your purchase details may be recorded for future use.
Ex Animo Art and Framing may, at its discretion, provide a refund for the return of Products within 14 days if the packaging is unopened and remains in a saleable condition. You are responsible for any postage or shipping costs associated with the return.

6. Warranty
Ex Animo Art and Framing’s Products come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any reasonably foreseeable loss or damage.
To make a Warranty Claim for material defects or workmanship within 14 days of purchase (the ‘Warranty Period’), you must provide proof of purchase and describe the defect by emailing contact@exanimoart.com.
If accepted, Ex Animo Art and Framing will, at its discretion, either repair or replace defective Products at no charge for parts or labor. You are solely liable for any postage or shipping costs incurred during the Warranty Claim.

7. Delivery
Ex Animo Art and Framing provides Delivery Services through third-party delivery companies (‘Delivery Service Providers’). You acknowledge that Ex Animo Art and Framing is not the provider of these delivery and insurance options but facilitates your interaction with the Delivery Service Providers.
In the event that an item is lost or damaged in transit, contact the Delivery Service Provider directly for a refund or claim on insurance. Notify Ex Animo Art and Framing via email at contact@exanimoart.com outlining the damage to assess if further action is required.

8. Copyright and Intellectual Property
All content on the Website, including text, graphics, logos, videos, and software, is protected by copyright under Australian law and international treaties. All rights are owned or controlled by Ex Animo Art and Framing or its contributors.
You may not copy, distribute, or alter the Website's content without the prior written permission of Ex Animo Art and Framing. This does not apply to content freely available for reuse or in the public domain.

9. Privacy
Ex Animo Art and Framing takes your privacy seriously. Any information provided through your use of the Website or Purchase Services is subject to the Privacy Policy available on the Website.

10. General Disclaimer
Ex Animo Art and Framing makes no guarantees, warranties, representations, or conditions regarding the Products except as provided in these Terms. Products may differ in size, color, and packaging from the images displayed on the Website.
Ex Animo Art and Framing is not responsible for any special, indirect, or consequential loss or damage arising out of your use of the Website or Purchase Services.

11. Limitation of Liability
Ex Animo Art and Framing’s total liability is limited to the most recent Purchase Price paid by you under these Terms. Ex Animo Art and Framing is not liable for direct, indirect, incidental, special, or consequential damages.

12. Termination of Contract
The Terms will continue until terminated by you or Ex Animo Art and Framing. You may terminate the Terms by notifying Ex Animo Art and Framing and closing your account. Ex Animo Art and Framing may terminate the Terms if you breach any provision or if continued service is not commercially viable.

13. Indemnity
You agree to indemnify Ex Animo Art and Framing from any claims, losses, damages, or costs arising out of your use of the Website or any breach of the Terms.

14. Dispute Resolution
If a dispute arises, you must first attempt to resolve the matter through negotiation. If unresolved within 14 days, mediation will be pursued in Adelaide, Australia. Any mediation is confidential.

15. Venue and Jurisdiction
Any disputes related to the Website shall be resolved in the courts of South Australia, Australia.

16. Governing Law
The Terms are governed by the laws of South Australia, Australia.

17. Independent Legal Advice
Both parties confirm they have had the opportunity to seek independent legal advice and agree the Terms are fair and reasonable.

18. Severance
If any part of these Terms is found to be void or unenforceable, that part will be severed, and the rest of the Terms will remain in force.