Terms and Conditions
The Tonic (formerly Gen and Tonic Art)
Operated by Genevieve Woods
ABN: 58 727 670 930
TERMS AND CONDITIONS FOR ONLINE PRODUCTS
As a vendor’s condition for purchasing products from the “genandtonicart.com” website, the purchaser (customer) agrees to the following terms and conditions of sale.
1. Warranty: Genevieve Woods of “The Tonic” ABN: 58 727 670 930 hereby warrants that she personally created the “Artworks” for sale and that the descriptions are true and accurate.
2. Copyright: in all artwork is the exclusive property of Genevieve Woods of “The Tonic” and is protected by Australian and international copyright and trademark laws.
3. Pricing: (1) Prices shown are in Australian dollars and include GST where applicable.
(2) Prices are subject to change as published and may not include delivery and handling charges. At time of sale the purchaser will be advised of any delivery and handling charges.
(3) Images of products shown without any stated advertised price attached to that image are not offered for sale, and unless otherwise clearly stated, any accessories shown in any image of products are not included in the sale price. Accessories may be purchased separately if so offered on the website.
(4) Except where noted otherwise, the list price displayed for products on the website represents the full retail price listed on the product itself. If despite our best efforts, any of the items in our catalogue are incorrectly priced and we discover same, we will, at our discretion, either contact you for your instructions before shipping or cancel your order and notify you of such cancellation refunding any monies then paid. NOTE: we cannot confirm the price of an item until you place an order.
(5) We reserve the right to correct at any time any errors published on the website.
4. Ordering: Upon the Customer confirming an order, the Customer agrees to purchase the products in their ‘shopping cart’ for the price plus any postage delivery and handling charges, as applicable.
5. Delivery: “The Tonic” will after receiving full payment, cause delivery of the products to the Customer within 7-10 business days for stocked items, and 2-4 weeks for custom made items unless otherwise agreed between client and artist.
6. Custom commissioned works: Deposits are non-refundable once work has commenced or a booking has been secured, unless otherwise agreed in writing.
7. Shipping: “The Tonic” will package & cause delivery of artwork (at buyer’s expense) once full payment has been received for the purchase price and the delivery and handling shipping cost.
8. Stock availability:
We make every effort to ensure product descriptions and images are accurate. In the event a product cannot be supplied as advertised, a refund will be issued.
9. Products not received at correct address: If your order has not arrived within 28 days of dispatch, please contact us within 7 days so we can investigate with the carrier.
10.Products sent to incorrect address: If a product is not received by a Customer because it was sent by “The Tonic” to an incorrect address due to an error by “The Tonic then we will be responsible for the resending or replacement of the product or refunding of the price paid for the product, at the discretion of “The Tonic”.
If a product is not received by the Customer because the Customer provided an incorrect or insufficient address, then (i) subject to clause 9, if the product is returned to “The Tonic”, we will resend the product to the Customer provided that the Customer first pays the cost of postage delivery and handling for resending; or
(ii) if the product is not returned to “The Tonic”, then we shall have no further responsibility.
11. Non-claimed products: If product that a Customer has purchased is returned to “The Tonic” by a person other than the Customer and we cannot, despite reasonable efforts, contact the Customer or the Customer does not contact us within 3 months of products being so returned to “The Tonic, then ownership of the products will revert to “The Tonic”.
12. Delays:
The Customer agrees not to hold “The Tonic” liable for any loss or damage suffered by the Customer directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.
13. Passing of risk and ownership:
Risk and ownership pass to the customer once products are dispatched, subject to rights under Australian Consumer Law.
14. Returns and Refunds: Nothing in these Terms excludes or limits your rights under Australian Consumer Law. Refunds, repairs or replacements will be provided where required under Australian Consumer Law. Change-of-mind refunds are not offered.
15. Limitation of liability: “The Tonic” shall not be liable to the Customer for refunding the price of products or replacing or exchanging products that the Customer purchases through the “The Tonic” website, other than as set out in these Terms & Conditions of Sale.
“The Tonic” shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use, or performance of products or services that the Customer purchases through “The Tonic” even if we have been advised of the possibility of such damages but the product was accurately described and presented on our website. All returns must be received in original condition.
Shipping and insurance is at the expense of the purchaser.
16. Disclaimer and Indemnity: To the extent permitted by law “The Tonic” excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
a) errors, mistakes or inaccuracies on the website;
b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
c) personal injury or property damage of any kind resulting from your access or use of the website;
d) any unauthorised access to or use of the websites secure servers;
e) any interruption or cessation of transmission to or from the website;
f) any bugs, viruses, trojan horses or other harmful code or communications which may be
transmitted to or through the website by any third party; and/or
g) the quality or fitness for any purpose of any linked sites.
DIGITAL PRODUCTS AND PROGRAMS
Digital products (including PDFs, downloads, email programs and online content) are non-refundable once access has been provided or delivery has commenced.
Digital content is provided for personal use only and may not be copied, shared, reproduced or distributed without written permission.
TERMS AND CONDITIONS FOR SERVICES
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website and services offered.
Genevieve Woods and “The Tonic” offers her professional mural, design, painting and artist professional services on the following basis and is not subject to any terms and conditions unless agreed to in writing prior to any invoice or deposit payment from the client.
Once a deposit or Invoice from the company “The Tonic” has been paid in part or full by the client it is non-refundable. Bookings times and days are fixed once the deposit or invoice has been paid and can only be rearrange with prior agreement.
Payments are to be received in full as per the agreement, quotation or invoice. Failure to comply may lead to court proceedings. Payments, deposits or part payments are non-refundable unless otherwise agreed at “The Tonic’s” discretion. “The Tonic” reserves the right to cancel or reschedule booked appointments / works for unforeseen circumstances or health and safety concerns.
TERMS AND CONDITIONS OF MURAL WORKS
‘We’, ‘us’ and ‘our’ means “The Tonic” or Genevieve Woods. ‘You’, ‘the client’, ‘the customer’, ‘your’ means the person who requested our services and enters into this contract.
1. The agreed final quote represents a written contract for the work to be completed at the price quoted.
1. Any agreement made verbally is not covered by the contract unless it has been written into said contract.
2. The agreement is made between “The Tonic” and the client. The client is identified as the person who requested the quotation.
3. The acceptance of the quote, electronically or by any other means signifies a full acceptance and commitment to accept these terms and conditions.
4. Any quote or estimate is subject to revision if there are any changes to the nature or extent of the requested work. This may apply to both labour and materials.
5. Payments are to be received in full as per the qualifications attached to the quotation. Failure to comply may lead to court proceedings. Deposits are non-refundable once work has commenced or a booking has been secured, unless otherwise agreed in writing. “The Tonic” reserves the right to cancel or reschedule booked work for unforeseen circumstances or health and safety reasons.
6. Please check your Invoice for payment terms.
2. Deposits are non-refundable once work has commenced or a booking has been secured, unless otherwise agreed in writing.
3. Hire charges for specialist access and specialist machinery will be in addition to decorative materials used to complete the works and will be detailed within your quotation.
4. As part of our commitment to providing excellent customer service we aim to ensure that we deliver a high standard of service and workmanship and that the customer is completely satisfied with the works carried out under the terms of the agreement. If you are not satisfied with the standard of work for whatever reason, we will endeavour to remedy the issue before the mural is completed. Any grievances should be brought to our attention before the mural / work is completed. Genevieve Woods and “The Tonic” should be given first opportunity to carry out any repair or remedial works required. If any third party is allowed access for remedial works without “The Tonic’s” prior knowledge, the customers contract with “The Tonic” shall be rendered void with immediate effect. “The Tonic” will not accept liability for any remedial works carried out by a third party whatsoever.
5. All necessary materials can be provided by us and will always be of high quality and used in an appropriate manner as per the manufacturer’s guidelines. We cannot guarantee any materials provided by the customer. Where it is necessary to match existing decor, our work will be carried out with this in mind, using appropriate materials that provide an exact match where possible. If an exact match will not be achievable, the client will be consulted.
6. It is the responsibility of the client to ensure that all valuable and/or fragile items, pictures and other wall-hangings and electrical goods are removed from the rooms that works are to be carried out.
7. Any items that cannot to be moved from the working areas will be suitable covered, however they will remain in place at the customers own risk, including carpets and floor coverings.
8. Where items cannot be covered or protected, but could easily have been removed, we will request that they are removed before work commences. We cannot be held liable for damage to such items if they are not removed after such a request.
9. During external decoration, we may require access within a lawn or bedded area. Although we will endeavour to be as careful and considerate as possible, the use of access equipment and the process of works may cause some temporary damage to these delicate areas.
10. If there are parking restrictions immediately and surrounding the site, we may request the temporary use of the customers driveway or parking space if available.
11. We will not decorate any surface that have a we good reason to suspect is asbestos. The removal of asbestos if required by the customer is to be completed by a qualified specialist.
12. We may on occasion request that tools be left on site overnight. The client reserves the right to decline such requests with the proviso that the financial cost of any loss or damage to tools while left on site may be charged to the client.
13. The client will be expected to provide electrical power, running water and toilet facilities where reasonably possible.
14. Road closures, pavement licences if required are to be sort from local authorities and paid for by the client.
15. We reserve the right to delay or postpone any outdoor work when there is inclement weather.
16. Murals and hand-painted works are artistic interpretations. Minor variations in colour, scale or detail may occur due to surface conditions, lighting, weather and materials. These variations are inherent to the process and do not constitute a defect.