Terms of service

Permission to use the Website and to make a Purchase is conditional upon you, the Customer, agreeing to the Provisions set out below. Making a Purchase is only offered to the Customer on condition that the Customer has read and accepts all the Provisions of this Agreement and wishes to make a Purchase. By clicking ” PURCHASE” at the Checkout on our Website, you will be deemed to have accepted the following Provisions. If you do not wish to accept the Provisions, you must not click “PURCHASE”.

1 WEBSITE PROVISIONS OF SALE

1.1     This Agreement covers the Transaction. Importantly, the Customer should read this Agreement carefully and contact Aspire with any questions before completing the Transaction. Aspire is available on info@aspiregallery.com.au  

2 PURCHASE & USE

2.1     Upon confirming a Purchase the Customer agrees to make the payment of the Price to Aspire.

2.2     The Customer agrees to use the Amber, Artwork or Artist Products for its Common Purpose.

2.3     Risk and title is transferred to the Customer upon Despatch to the Customer.

3 DESPATCH

4 OPERATION OF THE WEBSITE

4.1     The Customer may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for the Customer’s own personal, non-commercial use.

4.2     The Website contains links to other websites as well as content added by people other than us. Aspire does not endorse, sponsor or approve any such user generated content or any content available on any linked website.

4.3     The Customer acknowledge and agree that:

(a)       Aspire retains complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and

(b)       the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

5 WARRANTY

5.1     Subject to these terms and conditions, Aspire warrants that Amber, Artwork or Artist Products will be free from Defects under normal application, use and conditions during the Aspire Warranty Period. Aspire acknowledges that the benefits provided to the Customer by the Warranty are in addition to other rights and remedies available to the Customer under the ACL.

5.2     The parties agree that any Liability of Aspire for a breach of any condition or warranty (including any implied by law except for Major Failures) is limited to, at Aspire’s option, in the case of the Purchase the:

5.3     Unless otherwise required under the ACL, the Customer may only activate the appropriate warranty in the event that the Defect becomes apparent during the Warranty Period. 

5.4     If the Purchase is repaired or replaced, the remainder of the Warranty Period will apply to the repaired or replaced Purchase. The original Warranty Period will not be extended on account of any warranty repair or replacement.

5.5     This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, Aspire’s limits its liability in respect of any Claim to, at Aspire’s option and cost the replacement of the Amber; or the payment of the cost of replacing the Amber.

5.6     Aspire acknowledges that Aspire’s goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). The Customer is entitled to a replacement or refund for a Major Failure and compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a Major Failure.”

5.7     The Customer must Notify Aspire of the alleged Defect.  

5.8     Immediately upon identifying the alleged Defect, the Customer must immediately cease using the allegedly Defective Amber.

5.9     Upon Notification to Aspire of the identification of the alleged Defect:-

5.10  Upon the return of the Defective Purchase to Aspire, Aspire will confirm:-

5.11  The Customer agrees that Aspire will not be responsible for any expenses associated with the Defect or return of the Purchase to Aspire.

5.12  Suppliers. Nothing in this Agreement excludes, restricts or modifies any rights or remedies of the Customer against any other manufacturer or supplier who provide the Amber, Artist Product or Artwork to Aspire;

6 EXCLUSION FROM LIABILITY

6.1     Aspire warrants and acknowledges to the Customer that the provisions of Clause 6 do not exclude or modify the application of the statutory guarantees in Section 64 or Section 259 of the ACL.

6.2     Exclusion. Notwithstanding any other provision of this Agreement, Aspire will not be liable to the Customer for any:

the Customer releases Aspire from such Liability.

6.3     Limitation. Aspire is not liable for any Defects if, and to the extent that, it is due to, or comprises:-

7 INDEMNITY

7.1     The Customer. The Customer indemnifies Aspire against all:-

provided that Aspire has not contributed to the circumstances under which the Claim or Liability has arisen against Aspire.

8 FORCE MAJEURE EVENTS

8.1     Aspire will not be liable for any failure to perform, or delay in performing, an obligation under this Agreement if the failure or delay arose from a cause beyond its reasonable control.  Aspire must give the Customer notice of the cause as soon as possible after becoming aware of it and must take all reasonable steps to mitigate the consequences of the failure or the duration of the delay.

8.2     For the purposes of this clause 9 a cause beyond the reasonable control of Aspire includes an act of God, war, act of public enemy, blockade, revolution, riot, insurrection, civil commotion, lightning, storm, medical pandemic, flood, fire, earthquake, explosion, embargo, strike, trade dispute, industrial action, delay in transportation, accident of any kind, default or delay by any supplier to Aspire, damage to stoppage or breakdown of or machinery or shortage of any labour or material because of a cause related to the Amber independent of human control that occurred to the Amber after they left the control of Aspire.

9 DISPUTES

9.1     Neither party may start court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has first complied with this clause.

9.2     A party claiming that a Dispute has arisen must notify the other party in writing of the event occurring that has given rise to the Dispute.

9.3     If a Dispute is not resolved within a 20 day working period (or if the parties agree a longer period, that longer period), of a Dispute being notified under clause 9.2, the Dispute must be referred:-

10 INTELLECTUAL PROPERTY

10.1     Nothing in this Agreement constitutes a transfer of any intellectual property rights. The Customer acknowledge and agree that, as between the Customer and Aspire, Aspire’s own all intellectual property rights in the Website, brand and those rights in the supply of the Amber, Artwork or Artist Product.

11 TERMINATION

11.1     Aspire may Terminate this Transaction immediately by written notice to the Customer if the Customer is in breach of its obligations under this Agreement which breach undermines the benefit of this Agreement to Aspire and the Customer does not remedy the breach (to the extent that it can be remedied) for 14 days after receiving a written notice from Aspire specifying the breach and requiring it to be remedied;

11.2     Upon Termination:

12 SURVIVAL

12.1     Clauses survive end of Agreement. The provisions of this Agreement which by their nature survive the Termination of the Transaction continue in force after the expiration or Termination of this Transaction including without limitation clause 7 (Indemnity) and this clause 12 (Survival).

13 INTERPRETATION

13.1     In this Agreement, unless the context otherwise requires, the following expressions will have the meanings as ascribed to them below:-

14 MISCELLANEOUS

14.1     For ease of reference headings will not affect the interpretation or construction of this Agreement.

14.2     Any reference to any Act, or any section of any Act of Parliament or any ancillary Statutory Regulation whether in Australia or elsewhere, will be read as though the words “or any effectual modification or re-enactment thereof” were added to such reference.

14.3     Words denoting the singular number include the plural;

14.4     Assignment. Aspire may assign or novate this Agreement and its rights and obligations specified in this Agreement. The Customer must not assign any of its rights or obligations under this Agreement without the prior written consent of Aspire.

14.5     Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, arrangements and understandings in respect of the Transaction but does not negate the intended operation of:-

and document issued by or on behalf of the Customer at any time in relation to Transaction made under this Agreement will vary this Agreement.

14.6     Variation. No variation of this Agreement will be of any force or effect unless it is in writing and signed by the parties to this Agreement.

14.7     Further acts. Each party do all things to effect, perfect or complete this Agreement.

14.8     Governing law and jurisdiction. This Agreement is governed by the law of the State of Queensland, Australia. The parties submit to the exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts, either for forum, non conveniens or on any other basis.

14.9     Severability. If any clause makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Agreement, but the rest of this Agreement is not affected.

14.10  Waiver. A waiver by a party is only effective if it is in writing. A written waiver by a party is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

14.11  Costs.  Except as otherwise provided, each party undertakes to the other will bear its own costs of and incidental to the preparation, execution and performance of this Agreement.

14.12  Counterparts. The Agreement may be executed in any number of counterparts and all such counterparts when executed and taken together will constitute this Agreement.

14.13  Notices.  Any notice given under this Agreement must be:

A notice sent:

unless actual receipt at an earlier date or time is established by the sender.  Proof that:

will be sufficient evidence of service on the intended recipient.