These Terms and Conditions (“Terms”) govern your use of our website located at https://leftbankartgroup.com.au/ ("Website") and form a binding contractual agreement between you, the user of the Website, and us Warrima Pty Ltd

ACN 010 205 124 trading as Left Bank Art Group (“we”, “us”, “our”, “Left Bank Art Group”).
The Terms should be read in conjunction with our Privacy Policy, which can be accessed here.

We recommend that you read all of these Terms carefully and print a copy for your records. We reserve the right, at our absolute discretion, to update, revise (including by deletion), supplement, or otherwise modify these Terms at any time without notice to you.

1. Licence to use Site

1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with these Terms.
1.2 You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use.
1.3 You acknowledge and agree that:
(a) we retain complete editorial control over the Website and may update, revise (including by deletion), supplement, or otherwise modify these Terms at any time without notice to you;
(b) your continued use of the Website will constitute your acknowledgement and agreement to be bound by the updated Terms;
(c) we may at our discretion cease operation of the Website at any time without notice to you; and (d) the Website will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

2. Terms of Use

2.1 The use of this Website is governed by these Terms. By using our Website, you hereby agree to these Terms and that you will fully comply with them. Do not use our Website if you do not agree with all of these Terms.
2.2 When you visit our Website or correspond with us electronically (e.g., by email), you acknowledge that this will satisfy any requirement that any notices be provided to you in writing. You agree and consent to us corresponding with you electronically.
2.3 By using this Website, you agree and acknowledge to us that:
(a) you will not use, or cause to be used, this Website for a reason that is prohibited at law or in a way that is in breach of these Terms or our Privacy Policy;
(b) you will pay all charges, fees, and other sums whatsoever that are connected to your use of this Website;
(c) the information you have provided about yourself or another third party whom you represent is, to the best of your knowledge, true, accurate and up to date;
(d) you will not use our Website to make a profit; and
(e) you will not use our Website to transmit or host viruses, bugs, trojans, worms, logical bombs or other similar material that is technologically harmful.

3. Linked Websites

3.1 This Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.
3.2 We are not responsible for the content or privacy practices associated with linked websites.
3.3 Our links with linked websites should not be construed as an endorsement, approval, or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

4. Links to our Website

4.1 You must not link to our Website or access, monitor, or copy any content or information in any way whatsoever or for any purpose without our express consent.
4.2 You may not link our Website in such way that suggests an affiliation, endorsement, approval, or association as between us and you.

5. Accessing our Website

5.1 We do not guarantee that our Website, its content or otherwise, will be always accessible. While we will endeavour to ensure that your access to our Website and its content is uninterrupted, we reserve our right to withdraw, suspend, discontinue, remove, or otherwise change our Website and/or its content without notice to you.
5.2 We expressly exclude any liability for your failure to access our Website at your preferred moment, or for any changes or otherwise to our Website and/or content.

6. Accounts

6.1 You may register an account with us by completing the customer registration process through our Website. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy.
6.2 As part of the registration process or your continued use of the Website, you may be required to provide personal information, including but not limited to:
(a) full name;
(b) email address;
(c) company name;
(d) mailing address;
(e) telephone number.
6.3 You may update, edit, or terminate your account at any time through the Website.
6.4 You acknowledge and warrant that you:
(a) are 18 years or older;
(b) will provide accurate, complete, and up to date personal information when registering for an account with us and will keep us informed of any changes to such personal information;
(c) are solely responsible for the activity that occurs on any device through which you access and use our Website and your account with us and ensuring that your sign-in credentials are kept secure; and
(d) will promptly inform us if you discover any authorised access to your account.
6.5 In addition to any other action available to us under these Terms, we reserve the right to limit, suspend or terminate accounts (including trade accounts) of users in breach of these Terms or for any other lawful reason and we further reserve the right to cancel unconfirmed accounts.

7. Trade Accounts

7.1 Customers who qualify for a trade account will have access to trade pricing which is calculated based on the volume and frequency of orders placed with us.
7.2 You may apply for a trade account by contacting us or submitting an application through our Website
(“Trade Application”). You can access our Trade Applications here [hyperlink].
7.3 All Trade Applications are carefully reviewed to assess the suitability of the applicant. Our assessment process involves evaluating the information provided in the Trade Application against our selection criteria. This process typically takes 3-7 Business Days to complete, and we will endeavour to notify you of the outcome of your Trade Application within this timeframe.
7.4 We may approve or refuse any Trade Application at our discretion, and we are not obligated to disclose the reason for refusing to approve a Trade Application.
7.5 Transitioning to a 30-day credit account is contingent upon trade references and is subject to our discretion.
7.6 The account holder is responsible for covering all costs, disbursements, and additional expenses incurred by Left Bank Art Group during the recovery of outstanding amounts. This includes, but is not limited to, fees related to our debt recovery agency, legal representation, and court proceedings.

8. Goods and Services

8.1 We offer various one-on-one services including commission printing, colour matching, file reviews, image adjustments/corrections, etc. For more information on our one-on-one services, click here.
8.2 Goods and services available through our Website are subject to change without notice.
8.3 We reserve the right to limit the sales of our goods or services to any person, geographic region, or jurisdiction and may, at our discretion, limit quantities of any goods or services offered on our Website.
8.4 We may at discretion discontinue any goods or services at any time without notice.

9. Production 

9.1 While images displayed on our Website closely represent our products, variations may occur, and we cannot guarantee an exact match.
9.2 We make every effort to ensure accuracy in all goods and services we supply however, you acknowledge and agree that:
(a) descriptions of goods and services may not always be error-free or complete;
(b) slight variations in sizing may occur due to the handmade nature of custom goods;
(c) colours and packaging may differ from what is displayed on our Website;
(d) the colours you see may depend on your monitor’s display and settings;
(e) we may substitute materials and adjust designs to meet production needs, especially in cases of supply shortages;
(f) we may merge multiple orders unless otherwise specified;
(g) we may apply various techniques to improve the quality of stored images, such as removing red eye, adjusting brightness, enhancing details, etc;
(h) in the case of commission printing:
(i) we cannot predict how a fabric that is supplied by you will perform and we assume no
responsibility for the fabric’s performance;
(ii) you have thoroughly inspected the fabric before sending it to us;
(iii) we are solely responsible for the printing process and printing errors such as:
(A) banding (i.e., where there are obvious horizontal lines indicating that the ink has
dropped out during printing);
(B) incorrect colours (due to printing, not fabric);
(C) incorrect file printing; and
(D) head scuff marks (i.e., black scratch marks running horizontally across the print);
(iv) we are not responsible for fabric defects such as loose threads, fibre contamination, oil stains, holes, or ladders;
(i) in the case of colour matching:
(i) we only match to physical colour swatches and not screen colours;
(ii) colour, texture, and design variations can occur (including between batches and/or
deliveries); and
(iii) we do not accept returns for colour variations that fall below a specific threshold;
(j) in the case of printed yardage:
(i) variations can occur due to the nature of fabric;
(ii) sizes, widths, and pattern repeats are approximate (for critical requirements, please
contact us to check current stock);
(iii) repeat patterns will be printed to the full width of the fabric unless otherwise requested;
(iv) if printing within the selvedge (25mm white space on either side):
(A) the print may not be perfectly straight due to the nature of the fabric; and
(B) auto adjustments may cause drifting up to 50mm, which is not considered a print
error;
(v) printed products are supplied to the nearest pattern repeat/drop (e.g., if you order 6.5m but the nearest pattern repeat is 6.8m, we will supply you with 6.8m);
(vi) we may print to a specific panel length if required, but we are not responsible for replacing entire panel lengths for faults;
(vii) faults are calculated over the full quantity ordered, not based on per design/colourway run; and
(viii) we are only responsible for print errors such as banding, incorrect colour, incorrect file, head strikes, ink droplets, marks, or tears in the fabric caused by us or our supplier.

10. Orders 

10.1 We reserve the right to review and cancel orders at any time.
10.2 We process orders on business days, which are Monday to Friday and exclude public holidays.
10.3 When placing an order with us, you must ensure that all details provided are accurate and complete. You may be required to provide additional details upon request to ensure the accuracy of your order.
10.4 We offer a 3-hour window from the time you place an order through our Website before we initiate production. Our customer service team is here to assist you during this time if you need to contact us to make any changes to your order or if you decide to cancel. If you decide to cancel your order during this time, we can provide a full refund.
10.5 Once production for your custom items begins, we allocate resources such as ink, materials, and dedicated work time exclusively for your order. Regrettably, at this point, we cannot accommodate changes or design amendments.
10.6 If you decide to cancel your order any time after the initial 3-hour window, we may at our discretion provide you with a partial refund of the cost of your order calculated based on where we are at in the production process having regard to the materials and time allocated towards production of your order up to the time of cancellation.

11. Pricing and Payment

11.1 All pricing is in Australian dollars and includes Goods and Services Tax (“GST”) but excludes shipping and other costs. If you purchase goods using a payment card linked to a foreign currency denominated account, the conversion rate applied will be determined by the relevant payment scheme at the time of processing the transaction.
11.2 While we strive to ensure that all prices displayed on the Website are accurate, there may be times where prices displayed on our Website are incorrect or have not been updated. We will endeavour to inform you if we identify a pricing error or an unforeseen price increase prior to any processing of payment or dispatch of goods. In this instance, you may choose to:
(a) confirm your order at the correct price; or
(b) cancel your order and receive a refund for any amounts you have already paid in respect of that order.
11.3 We accept payment over the phone or via bank deposit or credit card (MasterCard and Visa).
11.4 Please note that we will never request your credit card details through email.
11.5 Payments made to your account will be applied in accordance with your remittance advice, where available. If remittance advice is not provided, payments will be applied to the oldest outstanding debt.
11.6 We reserve the right to:
(a) refuse to process payment by credit card if we feel there is a high risk of credit card fraud, in which case you will be invited to complete your purchase via direct deposit; and
(b) vary our fees and charges displayed on our Website at any time without notice to you.

12. Production Times

12.1 All art is sold on a made-to-order basis, please allow 3-4 weeks production time.
12.2 Our production times are estimates and we do not guarantee specific dates, although we strive to meet these timelines.
12.3 If you require your goods by a specific date, please ensure this is specified at the time of placing your order with us so we can endeavour to work with you to achieve this.

13. Delivery and Collection

13.1 Delivery methods and timeframes depend on the delivery location and size of the order. Any quoted delivery dates are estimates only and cannot be guaranteed. We do not deliver to PO boxes or parcel lockers.
13.2 We require full payment of orders and any other charges (including delivery or freight charges) that may apply to your order before they are delivered or supplied to you. Additional freight fees may apply for futile deliveries due to various factors such as steep driveways, restricted zones, stairs, or challenging truck access.
13.3 If you choose to collect your goods from our Left Bank Art Group warehouse (“Warehouse”), we will notify you via email or text message once your order is ready for collection.
13.4 If you choose for your goods to be shipped or delivered to you, then delivery shall be made to the address nominated using a third-party carrier. You will be provided with tracking once your goods are dispatched, and your goods will be deemed to have been delivered to you when we deliver them to the delivery address.
13.5 Our standard delivery method includes an 'authority to leave' option at checkout. This means that your packaged goods will be left at the delivery address even if no one is available to sign for them. If you request ‘authority to leave’, Left Bank Art Group is not responsible for any damage (including weather damage), loss, or theft of your goods.
13.6 You must ensure that you enter the correct delivery address and instructions for delivery at the time of placing your order. If you enter an incorrect delivery address, we are not obligated to resend the order to the correct address at our own expense. Additionally, you are responsible for ensuring sufficient access to the delivery address, which includes deliveries to street level only.
13.7 For international shipments, please note that local customs and duty charges may apply based on the customs laws of the receiving country. These charges are beyond our control, and we are not responsible for covering them.

14. Title and Risk

14.1 Legal and equitable title to the goods shall pass to you when we receive full payment for those goods.
14.2 Risk of loss or damage to goods shall immediately pass to you upon the physical delivery of the goods to the Delivery Address or collection of the goods from our Warehouse (as the case may be).

15. Returns Policy

15.1 We do not accept returns or exchanges for change of mind or incorrect product selection. Since many of our pieces incorporate natural timbers, variations in colour and natural imperfections are to be anticipated and celebrated. These variances are not considered valid grounds for return.
15.2 While we take all reasonable measures to ensure goods are securely packaged to minimise the risk of damage in transit, there may be occasions where goods incur damage during the delivery process. It is important to carefully inspect packages for any signs of damage before opening them. Additionally, packages should be opened with care to prevent damage to the goods inside.
15.3 We will refund, repair, or replace any goods that are damaged in transit (i.e., before you received it) or arrive faulty so long as sufficient evidence of damage or proof of fault in the form of photos can be supplied. If you wish to return faulty or damaged goods, please contact us or send us an email with:
(a) your order number; and
(b) a description of the fault/damage with photos attached, within 14 days of receiving the goods.
15.4 We are not responsible for damage to goods resulting from imprudent parcel-opening techniques, such as using sharp objects to cut through packaging, or for product defects arising from non-compliance with ordering instructions, product misuse, or alterations by you. Failure to follow product care and installation instructions may void warranty and claims.

16. Uploading Content to our Website

16.1 In these Terms, “User Generated Content” means any form of content posted, added, or uploaded to our Website including, without limitation, information, digital designs, images, photographs, graphics, text, materials, images, files, communications, comments, feedback, suggestions, ideas, testimonials, data or otherwise and includes any adaption or part thereof.
16.2 We may allow you from time to time to submit, post, add, or upload User Generated Content to our Website. We are not responsible for keeping backups or for any loss, deletion, or corruption of your User Generated Content. It is highly recommended that you keep backup copies of all User Generated Content provided to us.
16.3 You must not add any User Generated Content to the Website:
(a) unless you hold all necessary rights, licences, and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Website, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
16.4 We may contact law enforcement authorities at our discretion if we suspect any unlawful activity on the Website, including the uploading or emailing of images that violate the above restrictions. This may involve providing relevant content or material copies to law enforcement and granting them access to any held personal data in this context.
16.5 You acknowledge, warrant, and agree that:
(a) you agree to indemnify us and our directors, officers, employees and agents for any loss suffered as a result of or otherwise in connection with your User Generated Content;
(b) you understand that any User Generated Content uploaded to our Website may not be kept confidential;
(c) we have the right to remove any User Generated Content from our Website at any time;
(d) we and other third parties are granted a worldwide, exclusive, perpetual, transferable and royalty free licence and unfettered discretion with how to deal with the User Generated Content including but not limited to the right to sublicence, edit, copy, adapt, distribute or the same;
(e) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any User Generated Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner; and
(f) you have all necessary rights to grant the licences and consents set out in clauses 16.5(d) and 16.5(e).
16.6 The licence in clause 16.5(d) will survive any termination of these Terms. 

17. Intellectual Property Rights 

17.1 The content found on this Website is protected by all applicable laws of Australia and other nations governed by international treaties. This includes but is not limited to copyright and trademark laws.
17.2 Unless explicitly stated otherwise, and excluding information directly from, or links to, third party websites, all intellectual property rights in all content, materials and compilations within or utilised to create or support the Website – including (without limitation) information, brand features, digital designs, images, photographs, text, graphics, logos, button icons, video images, audio clips, as well as navigational and other software (“Content”) are owned or controlled by, and will remain and be invested
in, Left Bank Art Group, its related entities, affiliates, licensors and licensees, at all times.
17.3 You acknowledge and agree that you have no legal or equitable proprietary or other right, title, or interest in the Website and/or the Content and that nothing in these Terms constitutes a transfer, assignment, or grant of any intellectual property or ownership rights in such content or the Website.
17.4 Should we become aware that you have breached this clause 17, we reserve the right to ask you to immediately destroy, deliver up and otherwise indemnify us for any loss suffered as a result of your breach.

18. Collection of Personal Information and Privacy

18.1 We collect personal information from you for the purposes described in our Privacy Policy.
18.2 We take your privacy seriously and will only use, disclose, or deal with your personal information in accordance with our Privacy Policy. By accessing and using this Website, you are agreeing to the Privacy Policy.
18.3 To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here. 

19. Australian Consumer Law Consumer Guarantees 

19.1 The Australian Consumer Law sets out statutory guarantees that apply to the supply of certain goods and services and cannot be excluded.
19.2 These Terms are deemed to include all consumer guarantees that you are entitled to as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). 

20. Disclaimer and Liability 

20.1 We are unable to guarantee that the use of the Website will be uninterrupted or error free and you agree that use of the Website is at your sole risk.
20.2 We do not warrant the accuracy of the information and advise you to seek professional advice on any of the content displayed on our Website. We will not be liable for any loss, however caused, based on your reliance of any information or content displayed on our Website.
20.3 To the full extent permitted by law, we exclude all representations, warranties, or terms (whether express or implied) other than those expressly set out in these Terms.
20.4 To the full extent permitted by law, we will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with the use, copying, or display of any Content on our Website or goods or services supplied by us under these Terms.
20.5 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
20.6 In respect of any claims whatsoever, our maximum aggregate liability is limited to the amount paid by you in respect to the provision of the relevant goods or services to which the liability relates.

21. Indemnity

21.1 You agree to indemnify us and hold us harmless from any third-party claims and demands, including reasonable legal fees, for damages and costs arising from your breach of these Terms or your use of this Website, the services, or any products.
21.2 Our rights at law, including the right to be indemnified under this clause 21, are not affected by:
(a) the termination of these Terms for any reason; or
(b) any other fact, matter, or thing whatsoever.

22. Termination

22.1 These Terms terminate automatically if, for any reason, we cease to operate the Website.
22.2 We may otherwise terminate these Terms, suspend your use of the Website, and/or close your account with us at any time, without notice to you, if you violate any of these Terms or display or engage in inappropriate and unlawful behaviour, without any liability or further obligation to you or any other party.

23. General

23.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
23.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
23.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
23.4 This Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.

24. Enquiries and Feedback

24.1 We welcome your enquiries and value your feedback regarding our goods and services and the Website. Should you have any questions, concerns, or suggestions, please contact us.
24.2 We strive to address all enquiries promptly and appreciate any feedback that helps us improve our goods and services and user experience.
24.3 By submitting enquiries or feedback, you agree that we may use and disclose such information to respond to your enquiries or to enhance our Website and goods and services, in accordance with our Privacy Policy.
24.4 We reserve the right to handle enquiries and feedback at our discretion, and we may not be able to respond to all submissions individually