Introduction

Before you use this website you must read, agree with and accept all of these Terms and Conditions of Use, and policies, including the Privacy and Security Policy, Shipping Policy, Sale Agreement and Refunds and Returns Policy. These policies change from time to time, and they form part of these Terms and Conditions of Use.

Michelle Teear reserves the right, at its absolute discretion, to change or modify all or any part of these Terms and Conditions of Use at any time, effective immediately upon publishing on the website (www.michelleteear.com).  If at any time these Terms and Conditions of Use are no longer acceptable to you, you should immediately cease use of the  website.

If you do not agree to accept and abide by these Terms and Conditions of Use, you should not access or use the website. 

These Terms and Conditions of Use are separated into three sections:

Definitions
Terms & Conditions of Use

Sale of Artwork

Definitions 
 

Artist: Artist is defined as the person who created the original artwork, has the right to sell the artwork, and is selling the artwork via the Michelle Teear website.

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Purchaser: Purchaser is defined as the person who has made a purchase on the Michelle Teear website through an online payment.

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User: User is defined as any person who browses or uses the Michelle Teear website for any purpose.

Content: Content is defined as data, text, images, usernames, graphics, photos, paintings, drawings, artworks, profiles or links or any other information whatsoever that is posted by Michelle Teear or a member of the website.

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Artwork: Artwork is defined as any piece of original work that is offered for sale on or sold via the website.

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Copyright: Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatically safeguards your original works of art from copying and certain other uses. For more information refer to the Copyright Act 1968. 

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Original: Original is defined as a primary and original work, as opposed to any copy, reproduction or imitation. Copies and reproductions are not considered original for the purposes of these terms and conditions. Prints are limited editions, numbered and signed by the artist. Copyright must belong to the creator of an artwork in order for it to be considered original.

Terms and Conditions of Use

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Service Region: Michelle Teear services and ships within the Australian community and globally, including (but not limited to) the USA, UK, Europe and Asia.

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Age and Responsibility: The user represents and warrants that they are of sufficient legal age to use the Michelle Teear website and to create binding legal obligations for any liability they may incur as a result of the use of the Michelle Teear website. The user agrees to be responsible for all of their use of the Michelle Teear website.

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Unauthorised Use:The Michelle Teear website must not be used for any illegal or unauthorised purpose. The Michelle Teear website must not be hacked and/or any adaptations made to any aspect of the website.

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Prices & Sales practice:

All prices shown on the Michelle Teear website are in Australian Dollars (AUD).

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Copyright: All content on the Michelle Teear website is copyright of the Artist. Content must not be downloaded or used without express written permission from Michelle Teear.
The Artist retains all copyright for physical artworks (which includes reproduction rights) even when the physical property is transferred to the Purchaser. If the Purchaser wishes to reproduce the Work, this must be separately negotiated with the Artist.

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Liability: The user assumes all responsibility and risk for use of the Michelle Teear website including and without limitation any of the content or information contained therein. Michelle Teear accepts no liability for any failure to comply with these Terms and Conditions of Use where such failure is due to circumstances beyond its reasonable control.

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Disclaimer: Michelle Teear does not represent or guarantee that the Michelle Teear website, or any other website that is accessible using a hyperlink from this website will be current, or free from errors or viruses. Michelle Teear does not represent or guarantee that access to the Michelle Teear website will be uninterrupted.

The user acknowledges that the Michelle Teear service or the Michelle Teear website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including but not limited to technical difficulties with the performance or operation of Michelle Teear or another person's software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

It is the responsibility of the user to ensure that they are not exposed to viruses, Trojan horses or any other code of a destructive nature.

Michelle Teear does not accept responsibility for any loss or damage, however, caused (including through negligence), that users may directly or indirectly suffer in connection with their use of this website or any linked website, nor does it accept any responsibility for any such loss arising out of a user's use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms and Conditions of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

1. if the breach relates to goods:

   • the supply of equivalent goods;

   • the payment of the cost of replacing the goods or of acquiring equivalent goods; or

   • the payment of the cost of having the goods repaired; and

2. if the breach relates to services:

   • the supplying of the services again; or

   • the payment of the cost of having the services supplied again

This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

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