Terms
TERMS OF SERVICE
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OVERVIEW
This website is operated by What Simon Sells. Throughout the site, the terms “we”, “us” and “our” refer to What Simon Sells. What Simon Sells offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. By accessing the site, viewing any content or using any services available on the site you are agreeing to be bound by these terms, which governs our relationship with you in relation to the site. If you disagree with any part of the terms then you should not access the site. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.
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1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of consent in your state or province of residence, or that you are the age of consent in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services..
2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if by chance information made available on this site is not accurate, complete or current but we will make sure that it is. We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to our site..
4 - PRODUCTS
Certain products may be available exclusively online through the What Simon Sells website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
Every effort has been made on What Simon Sells to accurately represent the vibrant colours of the finished image. Due to differences in computer screens, variations can occur when viewing this site across different computers or platforms.
The colour and sharpness of a finished limited edition print are far superior to what can be presented on a small screen at low definition. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations but we will do our best to ensure it does.
Unfortunately, we are unable to process changes for items that have already started production. If you need to add items to your order, you will need to place a new order.
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5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Upon creating a user account, agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You are responsible for all activities that occur under your password or account. What Simon Sells cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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6 - PAYMENT
You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery..
7 - PAYMENT METHODS
We accept Visa, MasterCard, and Amex credit cards. Credit Card payments are processed through the Shopify secure payment gateway. The total cost of the amount debited to your card will be the price of the goods at the time the order is placed.We also protect the security of your credit card number during transmission by using Secure Socket Layer (SSL) software.
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8 - EXPRESS CHECKOUT
You can also express checkout with PayPal, Shop Pay or Apple Pay..
9 - REFUND POLICY
We do not refund or exchange items because of a change of mind.
If your item arrives damaged please notify us immediately for a hassle-free replacement. To initiate a damage claim please email us.
Please include the following details that apply to your case in your email:
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- A photo of the damage to your artwork and a photo of the shipping box it arrived in. This is for us to evaluate the damage and approve your request.
- Your order number with a brief description of the damage.
- Please keep the damaged packing and damaged print until your claim has been processed.
10 - DELIVERY AND SHIPPING
What Simon Sells takes the upmost care to ensure your order is packed correctly and delivered to the address provided at the time of check out. Please double check to make sure the delivery address information is correct, as What Simon Sells takes no responsibility for any parcel being delivered to an incorrect address specified by the buyer. It is your obligation to enter the correct delivery address details at the time of ordering. If you enter the incorrect address, we are not obliged to re-send the order to the correct address at our expense.We will provide you with an estimated date of delivery for your order and while we make every effort to deliver by this time, all dates projected are estimates only. Unfortunately we are unable to guarantee time of delivery as shipping times are estimates, and we cannot guarantee timely delivery due to inclement weather, customs, and other factors out of our control.
It is the responsibility of the customer to inform What Simon Sells if an order does not arrive. Once we are informed an order has not arrived by the due date, we will lodge inquires with the freight service to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.
Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion. You agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancel your order.
What Simon Sells will not accept liability for any loss or damage arising from items lost, damaged or stolen after delivery has taken place.
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11 - DUTIES & TAXES
When ordering goods for delivery overseas, you may be subject to import duties and taxes that are levied once the package reaches your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information..
12 - PRICING
All prices quoted on our website are in Australian Dollars and include GST. International customers are not subject to Australian goods and services tax (GST).What Simon Sells strives to ensure that all information as to the details, specifications, prices and description of goods which appear on the What Simon Sells website is accurate. If we discover an error in the price or information we provide about a product or goods, we will inform you as soon as possible and give you the option of completing your purchase (in the event you have purchased the product) or cancelling your order.
What Simon Sells reserves the right to update, correct and amend its pricing and information about its products and goods at any time. We reserve the right at any time to discontinue a product without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product.
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13 - PERSONAL INFORMATION AND PRIVACY
We only collect personal information that is relevant to the purpose of our website. This information allows us to provide you with a customized and efficient experience. At What Simon Sells we protect your privacy and security. We do not trade or sell your information with any outside parties for marketing purposes without your consent. We use your information for internal purposes such as order fulfillment, customer service, informing you of your orders status, special offers and promotions and evaluation of our products and service. We never store your credit card information on any of our servers or in any of our databases. During your order process, your credit card information is sent in real time to our PCI compliant payment processor. At no time do we have access to, or visibility of your credit card information.Cookies are used by this website. “Cookies” are data stored on your computer through a Web browser. These files allows our website to monitor a customer's use of the site. They tell us about your activity on the website; they do not tell us your email address or any information you don't provide. Passwords, credit card numbers, and other confidential information are not stored. However, once you register on our site, the personal information you provide will be placed in these cookies.
The What Simon Sells website uses SSL (Secure Sockets Layer) technology, which is the industry standard, and among the best software available today for secure ecommerce transactions. It encrypts all of your personal information including credit card number, name, and address, to prevent it from being read as it travels over the Internet. When you place orders or access account information, we automatically send you to our secure servers, providing your browser accepts SSL encryption. Most commonly used browsers are able to process SSL encryption. To make sure you are in a secure mode, the website address should begin with https://
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14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
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15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses..
16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.You expressly agree that your use of, or inability to use, the service is at your sole risk. In no case shall What Simon Sells, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, negligence, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.