Terms of Use

KALEIDOSCOPE EDITIONS WEBSITE TERMS OF USE

Our website is owned and operated by Kaleidoscope Editions Pty Ltd (ACN 653 638 736).

By accessing, viewing, or placing an order for a print item on our website, you agree to our website terms of use (Website Terms).

You should review our Website Terms immediately and cease using our website if you do not agree to our Website Terms.

In these Website Terms, 'us', 'we', 'our' and ‘Kaleidoscope Editions’ are used to refer to Kaleidoscope Editions Pty Ltd (ACN 653 638 736).

These Website Terms were last updated on 15 November 2023. We may update our Website Terms from time to time and will post any revised terms on this webpage.

We value your satisfaction and are here to assist you with any print item-related inquiries or issues. If you have questions or need assistance, our customer support team is available via email at orders@kaleidoscope-editions.com.au.

1. Prices

Unless otherwise indicated, all prices on our website are in Australian Dollars (AUD) and are inclusive of any Australian goods and services tax (GST) (as applicable). The prices indicated on our website may change at any time without advance notice to you. The amount charged to you for purchasing a print item on our website will be the price listed on our website at the time your order is placed.

We reserve the right to modify or discontinue any print from our online store without notice to you at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any print item.

2. Payments

You may pay for print items from our website by Visa, Mastercard, PayPal, bank transfer or such other method of payment as provided at checkout. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card provided for any and all payment balances owed and agree to keep all billing information current at all times.

When making payments to us, you warrant that you have read the terms and conditions of any applicable payment gateway provider or credit card provider (e.g., Shopify Payments) which are available on their respective websites.

Where you fail to make payment or payment is declined for any reason, we may revoke your right to purchase a print item from our online store or use our website for any reason.

3. Discounts

We may from time to time offer discounted print items on our website. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code.

We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a minimum or maximum order value.

Discount codes and/or gift vouchers cannot be used in conjunction with any other offer or promotion.

4. Cancelled orders

We reserve the right to cancel any order for a print item made on our website and provide a full refund if a print item has been discontinued or we do not have any more editions available.

We also reserve the right to cancel any order for a print item made on our website where we suspect that there is fraud or other types of illegal or unauthorised activity.

5. Certificates of Authenticity

We provide a Kaleidoscope Editions Certificate with catalogue and edition details for each print item purchased from us. The Kaleidoscope Editions Certificate is issued by Kaleidoscope Editions and serves as proof of the print item’s authenticity and origin.

The Kaleidoscope Editions Certificate is provided solely for informational purposes and may not be reproduced, distributed, or used for any purpose, other than the resale of the print item, without our express written consent.

Any alteration, modification, or tampering with the Kaleidoscope Editions Certificate will render it null and void. We reserve the right to revoke or invalidate a Kaleidoscope Editions Certificate if we discover any fraudulent or unauthorised activity related to a print item on our website.

6. Shipping

It is important that you check your delivery details before completing your print item order on our website. If any errors occur or issues arise, then you agree to report this to us immediately so that we can investigate.

Shipping your order by standard shipping service

We ship domestically within Australia free of charge. For international shipments see below.

We strive to process and pack your orders with care and efficiency. Please allow up to two weeks for your order to be processed and despatched to you. Once your order is ready for despatch, you will receive a confirmation email. The shipping time will vary depending on the location we are sending to within Australia.

Please note that any delivery times we specify are approximate and are as specified by the shipping provider. We cannot guarantee these delivery times. Orders within Australia are sent via our courier service, Pack & Send, and the cost is included within the price of the print.

Standard shipping in Australia takes up to 2 weeks. A signature is required for your order to be delivered.

International shipping

For all international orders please contact: orders@kaleidoscope-editions.com.au.

International shipping parcels are sent via Pack & Send at a cost determined by the weight and size of your order and the destination of your order.

Additional fees, such as customs duties, taxes, or handling charges, may apply for international shipments. These fees are your responsibility and are determined by the destination country’s customs authorities.

It is essential to comply with all customs requirements to ensure smooth delivery of your order and avoid any delays or additional charges.

Please note that we are unable to influence or predict the amount charged for customs duties or taxes. We recommend contacting your local customs authorities for more information regarding applicable charges if you would like to have your order sent outside of Australia.

Shipping restrictions

We strive to fulfill orders to the best of our ability; however, there may be certain shipping restrictions or limitations. If you have any questions regarding shipping restrictions, please contact our customer support team via email at orders@kaleidoscope-editions.com.au for further assistance.

Tracking

We will send you an email when your order has been despatched.We will also provide you with a reference number which can be used to track your order via the Pack & Send website.

Lost or damaged packages

While we take great care to ensure your order reaches you in perfect condition, unfortunate incidents beyond our control may occur during transit. If your package is lost or damaged, please contact our customer support team via email at orders@kaleidoscope-editions.com.au within 3 business days of the expected delivery date. We will initiate an investigation and work towards a resolution, which may include a replacement, refund, or insurance claim in accordance with item 7 (Returns and refunds) below.

Using a work address

If you are providing a work address, please always include the level (if a multi storey building) and the name of the company, as the shipping provider will return to sender if you do not make these details clear.

Redelivery due to incorrect or incomplete address

We can redeliver orders where an address is incomplete, or has been incorrectly provided, however this will incur a delivery charge of $50 for standard shipping within Australia. For international deliveries, the redelivery charge amount will depend on the weight and size of your order and the destination of your redelivered order.

7. Returns and refunds

To the extent permitted by law, including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Australian Consumer Law), print items purchased from our website are non-returnable and non-refundable for change of mind. In addition, all sales items or discounted items are final unless an item is proven to be damaged or faulty.

Timeframes for initiating a return

You agree to let us know about the damage or fault to a print item/s in your order within 3 business days of receiving it. We will arrange for the damaged or faulty item/s to be returned to us and you can let us know whether you would like us to either send a replacement to you, or provide you with a refund.

How to return items

To return an incorrect, faulty or damaged print item, please follow the simple steps below:

1. Contact our customer support team via orders@kaleidoscope-editions.com.au. Let us know the issue and that you would like to arrange a print item return. We will advise the best address for you to send the print item/s to. Pack and seal the print item/s in their original packaging.
2. We will organise a refund or replacement depending on the option you have selected. Please allow for up to 14 business days to process a refund. Note that replacement delivery timeframes are subject to item availability.

We recommend that you return the incorrect, faulty or damaged item via Registered Post. Kaleidoscope Editions will not be responsible for parcels lost or damaged in transit if you choose not to return by Registered Post.

Return shipping costs may apply in certain cases. You will be notified of any applicable fees or costs during the return process.

We are more than happy to refund postage costs to return a print item/s where the return is required due to our error, for example, if the item is damaged or faulty, or if we sent you the wrong print item.

8. Accuracy, completeness, and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable efforts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Australian Consumer Law), we make no warranty regarding the information on our website. You should not rely upon the content of any such information as a basis for making any decisions about the purchase of a print item or otherwise. You should monitor any changes to the information contained on our website.

We are not liable to you or anyone else if interference with or damage to your internet or computer systems occurs in connection with the use of our website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including these Website Terms) or the information or services presented or described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up to date.

9. Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

10. Artist intellectual property rights

Kaleidoscope Editions respects the intellectual property rights held by artists, their estates, and other rights holders. Accordingly, reproduction or redistribution of all or a portion of all print items accessible, viewable, or made otherwise available on our website is strictly prohibited without the express written authorisation of Kaleidoscope Editions and the relevant artist, their estate or the rights holders (as applicable).

To make a copyright reproduction request regarding a print item on our website, please contact us at info@kaleidoscope-editions.com.au.

11. Our intellectual property rights

Unless otherwise indicated in these Website Terms or otherwise, we own or licence from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in our website and in all of the material (including all logos, text, images, graphics, video, audio, software and artworks) on our website (Content).

Your use of our website and any Content does not grant or transfer any rights, title or interest to you in relation to our website or the Content. However, we do grant you a licence to access the website and view the Content in accordance with these General Terms and, where applicable, as expressly authorised in writing by us.

Any reproduction or redistribution of our website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of our website, the Content or any part thereof is prohibited, except to the extent permitted by law.

12. No use without permission

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content on our website.

Unless expressly authorised in writing by us, or to the extent permitted by law, including the Copyright Act 1968 (Cth) (Copyright Act), you may not use our website, or any of its Content to further any commercial or non-commercial purpose, including any advertising or advertising revenue generation activity on your own website or any use, copying or publishing of the Content on a social media platform.

13. Data scraping prohibited

You agree not to engage in any data scraping or data harvesting activities on or through our website without our prior written consent. This includes, but is not limited to, using automated means or software to extract or collect data from our website for any commercial or non-commercial purpose. Any unauthorised data scraping or data harvesting activities are strictly prohibited.

14. Right of removal

We reserve the right to remove, at any time, any Content, including, without limitation, any or all images, photographs, documentation, or other material on the website.

15. Unacceptable activity

You must not do any act that we would deem to be inappropriate, unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
• using our website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to our website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to, or in violation of, our systems or a third party's systems or network security.

If we allow you to post any information or other material to our website, we have the right to take down this information at our sole discretion and without notice.

16. Warranties and disclaimers

You acknowledge that due to handmade nature of our print items, what you receive may differ somewhat from the images that appear on our website. By proceeding with your purchase, you acknowledge that these images are provided for illustrative purposes only.

Once purchased print item/s from our online store have been delivered to your delivery address, we take no responsibility for any damage or theft that may occur. If you will not be present to accept delivery of your order or feel that your address is unsafe to leave a parcel unattended, we recommend sending your order to a work address.

In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Website Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law and other laws. All other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010, are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

To the maximum extent permitted by law, including the Australian Consumer Law and the Copyright Act, we make no warranties or representations about our website or the Content, including warranties or representations that our website and the Content will be complete, accurate or up-to-date, that access to the website will be uninterrupted or error-free or free from viruses, that our website will be secure or that the Content does not infringe on the copyright or moral rights of any third party.

We reserve the right to restrict, suspend or terminate without notice your access to our website and/or any Content at any time without notice and we will not be responsible for any loss, cost, damage, or liability that may arise as a result.

17. Liability

You agree to only use print items you have purchased from our website for their intended purpose and in accordance with any guidelines or directions (Guidelines) as set out on the packaging or accompanying instructions. Any use of the print items by you outside of these Guidelines is at your own risk and you assume full responsibility for any loss or damage arising from such use.

To the maximum extent permitted by law, including the Australian Consumer Law, the Competition and Consumer Regulation 2010 and the Copyright Act, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the way it occurs – which may be suffered due to:

• your use of our website, the Content on our website or the print item/s you have purchased or are in possession or control of;
• the inaccessibility of our website (or parts thereof) or our related services;
• the fact that certain information or materials contained on our website or that we otherwise share with you are incorrect, incomplete or not up-to-date; or
• the print item/s you have purchased or are in possession or control of being unsuitable, unreliable, incomplete, insecure, inaccurate, or unfit for any particular purpose.

18. Disputes

Any disputes or disagreements related to returns, refunds and shipping will be resolved through negotiation or mediation and in accordance with these Website Terms. In the event of an unresolved dispute, you and/or we may seek resolution through arbitration facilitated by the Australian Centre for International Commercial Arbitration.

19. Jurisdiction and governing law

Your use of our website and these Website Terms are governed by the law of Victoria, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

Effective From: 15 November 2023

Last Updated: 15 November 2023