These terms and conditions are the contract between you and Yinjaa-Barni Art Aboriginal Corporation trading as Yinjaa-Barni Art (“us”, “we”, etc.). By visiting or using Our Website, you agree to be bound by them.
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We are: Yinjaa-Barni Art Aboriginal Corporation trading as Yinjaa-Barni Art, incorporated in Australia, ABN 46349658358. Our address is: Lot 3 Roe Street, Roebourne, Western Australia, 6718
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You are: Anyone who uses Our Website
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Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

In this agreement:“Artist” means the person/s who created the original artwork, has the right to sell the artwork, and has authorised Yinjaa-Barni Art to act as their agent for selling the artwork.“Carrier” means any person or business contracted by us to carry Goods from us to you.“Content” means any content in any form published on Our Website by us or any third party with our consent.“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you. “Our Website” means any website of ours, and includes all web pages controlled by us.

In this agreement unless the context otherwise requires:
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2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
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2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
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2.3. any agreement by any 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.
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2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.

2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.6. the headings to the paragraphs do not affect the interpretation.

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

2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $50 per hour.

2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

In this agreement unless the context otherwise requires:
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2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
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2.2. these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
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2.3. any agreement by any 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.
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2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.

2.5. in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.

2.6. the headings to the paragraphs do not affect the interpretation.

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

2.8. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $50 per hour.

2.9. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

2.10. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.1. This agreement contains the entire agreement between us and supersedes all previous agreements and understandings between us.

3.2. 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.

3.3. 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.

3.4. Because Goods remain the property of the Artist/s we do not guarantee that Goods advertised on Our Website are available. 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 Goods.

3.5. The price of Goods 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 Goods.

3.6. If in future, you buy Goods 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.

3.7. We do not accept orders on Our Website from buyers with postal addresses outside of Australia. If you live outside Australia, please email us to enquire whether we can ship to your country.

4.1. Your order is an offer to buy from us. We will send you an e-mail confirmation of your order but this is only an acknowledgement of receipt and is not acceptance of your order. Your order is accepted when we issue you with a written invoice. At any point up until then, we may decline to supply the Goods to you without giving any reason.

4.2. If we do not have the Goods you order in stock, we will offer you alternatives based on similar aesthetics and dimensions by the same Artist if such Goods are available. If this happens you may either:(a) accept the alternatives we offer; or(b) cancel all or part of your order.

4.1. Your order is an offer to buy from us. We will send you an e-mail confirmation of your order but this is only an acknowledgement of receipt and is not acceptance of your order. Your order is accepted when we issue you with a written invoice. At any point up until then, we may decline to supply the Goods to you without giving any reason.

4.2. If we do not have the Goods you order in stock, we will offer you alternatives based on similar aesthetics and dimensions by the same Artist if such Goods are available. If this happens you may either:(a) accept the alternatives we offer; or(b) cancel all or part of your order.

5.1. Subject to the rest of this clause, the price payable for the Goods that you order is clearly set out on Our Website.

5.2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will let you know by issuing you with an invoice showing the correct price. If you pay that invoice, we understand that you agree to buy at the new price.

5.3. If, by mistake, we have incorrectly priced any Goods which you order, we will let you know before we invoice you. You can decide whether you wish to proceed with your order and we will provide you with an invoice in the correct amount. If you pay that invoice, we understand that you agree to buy at the adjusted price.

5.4. Goods and services tax (“GST”) is not payable on Goods (original artwork) created by Artist/s represented by Yinjaa-Barni Art as per the Australian Tax Office exemptions for Indigenous Artists working in Special or Ordinary Zone A geographic regions. Shipping or any ancillary service provided by Yinjaa-Barni Art is subject to GST and GST will be added to that component of the total price.

5.5. If the item you order is a diptych, triptych, or comprised of more than one part, you must pay us the full price for the whole item before we will ship any part of it.

5.6. The full Australian dollar amount of our invoice must be received by our bank. Bank charges imposed by our bank on payments made 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. If the amount deposited to our bank is less than the full amount of our invoice, we will not ship Goods to you.

5.7. Any information on our Website or given by us in relation to exchange rates is an estimate only. It is your responsibility to ensure that the full Australian dollar amount of our invoice is paid.

5.8. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

5.9. If we owe you money (for this or any other reason), we will refund to your bank account or credit your credit or debit card as soon as reasonably practicable but in any event no later than 10 standard business days from the date when we accept that repayment is due.

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

6.1. 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.

6.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

7.1. Goods are dispatched within 5 standard business days from the day you place an order to purchase the Goods. We will send you a message by email to tell you when we have despatched your order.

7.2. Deliveries will be made by the Carrier to the address stipulated in your order. If no-one is present to accept the delivery, the Goods may not be able to be delivered.  

7.3. If Goods cannot be delivered and are returned to us, we will contact you by email to arrange an alternative delivery. If we incur additional delivery fees, we may charge you an additional amount to cover those fees and you must pay this amount before Goods are shipped again.

7.4. We may deliver the Goods in instalments if they are not all available at the same time for delivery.

7.5. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.

7.6. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must immediately contact us so that we may commence the remediation process.

7.7. We are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

7.8. We may provide an estimate of the time for delivery on our invoice but this is an estimate only and time shall not be of the essence. Particularly if Goods are large and heavy, delivery times may exceed our estimate.

7.9. You may pick up Goods from Yinjaa-Barni Art in Roebourne provided you make an appointment in advance and payment has been received into our bank. Prices on our invoice for Goods ordered on our Website include packaging, handling, delivery, fees and charges, and you are still responsible to pay the full amount of our invoice even if you make your own arrangements to collect goods from Yinjaa Barni Art. We do not provide any refund for any part of the invoice amount if you purchase on Our Website. To obtain a pick up discount, you must contact Yinjaa-Barni Art directly to order and pay for the Goods.

7.10. If you pick up Goods from our premises then:(a) we will not be able to assist you in loading heavy items; and(b) Goods are at your risk from the moment they are picked up by you or your Carrier from Yinjaa-Barni Art; and(c) you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

8.1 Some Goods are created with natural materials such as pigment, ochre, and fibre and may naturally change or deteriorate over time.  You acknowledge that these are inherent qualities of the Goods and not defects.

8.2. Imperfections or marks on the rear of an artwork or canvas are characteristic of the process of creation by our Artists outside or on the ground or on country and you acknowledge that these are not defects.

8.3. We will only repair or replace Goods which fail to comply with the provisions of the Competition and Consumer Act 2010 (Cth)or which we agree are defective. If you believe that any Goods you have purchased from us are defective, you must:(a) report the defect to us in writing within 5 business days of the defect becoming apparent; and(b) provide photographic evidence of the defect; and(c) if we request you to do so, return the Goods to us, securely wrapped in the original packaging.

8.4. If we agree that the Goods are defective, we will refund the cost of return carriage and will either, at our election:(a) repair the Goods and return them to you at our cost; or(b) provide you with replacement Goods based on similar aesthetics and dimensions by the same Artist if, in our view, an appropriate alternative is available; or(c) refund the amount paid for the Goods to you.

8.5 We will not offer an exact reproduction or recreation of an artwork by the Artist under any circumstance.

8.6. Other than as set out in this clause, we have no responsibility or liability to you under this agreement or under statute or common law, in respect of defective Goods.

9.1. We do not accept returns if you simply change your mind.

9.2. We make every effort to ensure photography of Goods for sale on Our Website accurately represent the colours used by the Artist/s in the production of artwork. Different lighting conditions indoors, outside, and on digital devices may impact how colour is perceived. We do not accept returns on the grounds that the colours differ from what is represented on Our Website.

9.3. Except as set out in clause 8, we do not accept returns unless we have agreed in correspondence that you may return them. If you wish to return Goods, you must tell us by email to yinjaa.barni.art@bigpond.com that you would like to return Goods, specifying the Goods exactly and when they were purchased, and giving full details of the reason for return.

9.4. If we agree that you may return any Goods, we will then issue a returns note and, if you still wish to return the Goods, you must return the Goods:(a) with both Goods and all packaging as far as possible in their original condition;(b) securely wrapped;(c) including our original delivery slip and the returns note; (d) at your risk and cost.

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

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

10.3. To the extent permitted by law in Australia and in any other country from which you place an order or to which Goods are shipped, we give no warranty and make no representation, express or implied, as to:(a) the quality of the Goods;(b) any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;(c) the correspondence of the Goods with any description;(d) the adequacy or appropriateness of the Goods for your purpose;(e) the truth of any Content on Our Website; or(f) non-infringement of any right.

10.4. 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 the purchase of Goods.

10.5. Our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.

11.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

11.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

11.3.  You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

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

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

12.2. your breach of this agreement;

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

12.4. any contractual claim arising from your use of the Goods.

13.1. You acknowledge that our Artists own all the intellectual property rights (including Indigenous Cultural and Intellectual Property rights) in connection with works created by them (including visual artworks) which constitute or are reproduced in, any Goods.

13.2 You must not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any Goods or Content reproducing the Goods in whole or in part.

14.1. 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.

14.2. Where we provide goods 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 Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

14.3. 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.

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

14.5. 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.

14.6. Any communication to be served on either party by the other shall be delivered by hand or sent by express post 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;(c) 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.

14.7. 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.

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

14.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees, or cultural-specific circumstances impacting the Artist/s such as a death or mourning period where we may not be able to release Goods.

14.10. 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.

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