Shipping, Legal and Privacy

MAESTRO ARTS PTY. LTD. (trading as BEN HOOLE) TERMS & CONDITIONS OF USE/ SUPPLY

Amended 1^st July, 2024.

Limitation of Liability

1. The purchaser agrees to indemnify and hold harmless Ben Hoole, Maestro Arts Pty. Ltd. and associated companies, and all officers and agents, from any liabilities that may arise from activities associated with the supply, or failure to supply, goods or services and/or from the use of the company's web site/s and/ or credit card payment facilities. If you do not understand and accept the risks, you should leave this website immediately (taking care to firstly log-out from your log-in account with us if applicable).
2. We accept no responsibility for the third party websites and services (including PayPal or other payment processors) to which we link.
3. You must be at least 18 years of age, or have the permission of a parent or legal guardian, in order to purchase from us.
4. These terms and conditions should not be construed as to limit any other rights that we possess by way of contract or under common or statutory law. Where any provision of this agreement purports to exclude, restrict or modify any provisions of the Trade Practices Act 1974 as amended or any other statute which by reason of such statute cannot be excluded, restricted or modified, then such provision shall be deemed to be severed and deleted from the agreement, and the remainder of the agreement shall continue in force as though such provision had never been incorporated within the terms of the agreement.
5. These terms and conditions and any contract that you enter into with us shall be governed by and construed in accordance with the laws of the State of Queensland, Australia and you hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland, Australia and of any Courts which may hear appeals therefrom. We may, however, elect to enforce these terms and conditions and any contract that you enter into with us in any other jurisdiction worldwide.
6. Your request for supply/ request for goods or services, and/ or use of the company's websites, is deemed to indicate your acceptance of these terms and conditions.
7. Our Terms and Conditions of Use/ Supply are subject to change without notice. The most current versions will be displayed on our website or can be obtained by contacting us.

Shipping and Returns

We ship to most Australian addresses but do not currently ship Internationally.

All jewellery products ship directly from our Queensland premises to the delivery address that you provide when placing your order. We ship via. Australia Post (although may elect to use other carriers at our discretion) using traceable shipping services. We aim to ship within 2 business days of receipt of cleared payment (in many cases sooner). We will contact you if there is a problem with our order or if we anticipate extended shipping delays.

The lodgement of your parcel with the carrier constitutes the fulfillment of your order. In the unlikely event that an order is lost in transit, we will provide proof of postage and do everything in our power to assist you, and the carrier, to find it. However, please note that we are not legally obliged to replace lost or damaged items, and any claims for compensation should be made against the carrier. We recommend that you contact us prior to placing your order to arrange for transit insurance if required.

Please note that we will often request signature on delivery for orders (however, are under no obligation to do so). In this instance, your parcel may be carded to a local post office for collection should no-one be at home to receive it. You may provide delivery instructions with your order. Please note, however, that these may impact upon your legal right to compensation should your parcel go missing.

Returns

If you are not happy with your order, we will gladly refund or replace it without question, provided that you notify us within 2 business days of receipt and that you return the original to us safely, and in original condition within 14 days at your expense.

Please note that this excludes custom orders, which are non-refundable.

Cancellation/ Change of Mind

Should you wish to cancel your order (excluding custom orders), you may do so prior to shipping for a full refund. If your order has been shipped, you will need to return it safely to us, at your expense, before we will process your refund. Should you wish to cancel a custom order, you must do so prior to work commencing in order to receive a refund.

If there is a problem with your order, you should contact us (contact information will be provided on your order summary) prior to returning any items, detailing the problem (and providing relevant photos).

Intellectual Property

All site content (including, but not limited to, images and written content) is protected by copyright and must not be used in any manner whatsoever without our explicit, written permission.

Certain logos, brands, labels and trading names are trademarks and/ or registered trademarks Maestro Arts Pty. Ltd. and must not be used in any manner whatsoever without our explicit, written permission.

We will not knowingly breach a third-party's intellectual property rights.

Copyright in any images or artwork displayed on our website or purchased from us resides with us as the work's creator. You must not reproduce or redistribute any such images or artwork in any manner whatsoever without our express written permission. You must not attempt to represent that any such images or artwork has been created by yourself, or by any party other than the actual creator of the work.

The retrieval of site content for the purposes of training AI models is expressly prohibited.

We protect our intellectual property rights vigorously and conduct regular web searches to identify possible infringement. We will take legal action where necessary in order to enforce our rights under law.

Privacy & Security

We are an Australian company and our website is not configured to accept orders or enquiries from outside of Australia (including the European Union).

We respect your privacy and will not knowingly use your personal or confidential information in any way which compromises your trust in us. We will not knowingly share, rent, loan, sell or otherwise provide your personal or confidential information to any external parties without your permission to do so, except as required to fulfill your order or request, or unless we have good cause to believe that we are required to do so under law.

We WILL be required to share your delivery and contact details, and details related to your order, with our logistics partners to allow your order to be fulfilled.

We may seek your permission to display your photograph and derivative artwork on our website and/ or social media pages and in other advertising. Similarly, we may seek testimonials from you in a variety of formats which may display on our website, social media channels and in other advertising. You consent that we do so, and this consent extends to include any unsolicited testimonials in any format that you may send to us.

We take website security seriously, and have implemented stringent security measures, including SSL encryption, to ensure that your confidential information remains secure.

We currently process Internet payments in real-time via. PayPal. For information on PayPal's privacy and security policies, please visit their website at www.paypal.com.au. At no stage are your credit card details stored on our web servers.

Please do not share your log-in details with anyone, and please sign out of your account when your session is complete.

We may collect personally identifiable information concerning you and/ or your business, such as your name and contact details. We collect this information in order to fulfill your order or request.

We may collect additional information for the purposes of sending you important updates, periodic product catalogues or newsletters. You may elect not to receive these at any time, by contacting us (please see our contact page). Our newsletters include simple opt-out options which enable you to unsubscribe if you prefer not to receive these.

This website may support the submission of general and/ or product reviews, and we may, at our discretion, publish these in whole or part on our website and/ or in external marketing materials. Although we may make minor edits to such communications (for reasons such as readability or privacy), we will not knowingly alter the intent or meaning of the review or testimonial. We may elect not to publish all submissions.

We may collect certain usage variables, such as browser type, IP address, referrer, page visits, times/ durations etc. in order to analyse site performance and improve our service to you.

We may use non-identifying and aggregate information to improve our website and offerings and may share this non-identifying and aggregate information with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

You can access and maintain the personally identifiable information that we keep about you by contacting us via. the channels offered on the contact page of this website.

This interactive website requires cookies and javascript in order to function correctly.

To improve your experience on our site, we may use 'cookies'. Cookies are an industry standard and most major web sites use them. A cookie is a small text file that our site may place on your computer as a tool to remember your preferences. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

Our website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other sites. When you go to other websites from here, we advise you to be aware and read their privacy policy.

Our website may use Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.

By using this website, you consent to the processing of data about you by Google in the manner described in Google's Privacy Policy - external site and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google - external site.

Similarly, we may implement an advertising feature known as remarketing, which allows us to tailor advertising to you based on your site usage via Google, Facebook and possibly other platforms via the use of cookies.

We may also use interfaces with social media sites such as Facebook, LinkedIn, Twitter and others. If you choose to "like" or "share" information from this website through these services, you should review the privacy policy of that service. If you are a member of a social media site, the interfaces may allow the social media site to connect your visits to this site with other Personal Information.

For maintenance and/ or security purposes, we may periodically purge our records, including your account details and order history. For this reason, it may occasionally be necessary for repeat users to recreate their user account with us.

If you decide that you no longer want to use our store and would like to have your personal data removed from our database (or if you’d like to get all the personal data associated with your account that we have), please send an email to office@maestroarts.com.au.

Amendments to these Terms & Conditions

We reserve the right, at our sole discretion, to modify or replace these terms at any time. Our website will be updated to reflect the most up-to-date terms and conditions.