Terms and Conditions
Conditions of use
Welcome to our online store! KIMBERLEY ART GALLERY and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
KIMBERLEY ART GALLERY is the registered business name of Betty Rupe.
Our ABN is 60 462 267 500.
All pricing is provided in Australia Dollars (AUD).
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit KIMBERLEY ART GALLERY or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of KIMBERLEY ART GALLERY or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of KIMBERLEY ART GALLERY, with copyright authorship for this collection by KIMBERLEY ART GALLERY, and protected by international copyright laws.
KIMBERLEY ART GALLERY’s trademarks and trade dress may not be used in connection with any product or service that is not KIMBERLEY ART GALLERY’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KIMBERLEY ART GALLERY. All other trademarks not owned by KIMBERLEY ART GALLERY or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KIMBERLEY ART GALLERY or its subsidiaries.
License and site access
KIMBERLEY ART GALLERY grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KIMBERLEY ART GALLERY. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KIMBERLEY ART GALLERY. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KIMBERLEY ART GALLERY and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing KIMBERLEY ART GALLERY’s name or trademarks without the express written consent of KIMBERLEY ART GALLERY. Any unauthorized use terminates the permission or license granted by KIMBERLEY ART GALLERY. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of KIMBERLEY ART GALLERY so long as the link does not portray KIMBERLEY ART GALLERY, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KIMBERLEY ART GALLERY logo or other proprietary graphic or trademark as part of the link without express written permission.
Your membership account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. KIMBERLEY ART GALLERY and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, comments, emails and other content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. KIMBERLEY ART GALLERY reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant KIMBERLEY ART GALLERY and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant KIMBERLEY ART GALLERY and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify KIMBERLEY ART GALLERY or its associates for all claims resulting from content you supply. KIMBERLEY ART GALLERY has the right but not the obligation to monitor and edit or remove any activity or content. KIMBERLEY ART GALLERY takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of loss
All items purchased from KIMBERLEY ART GALLERY are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Please see further information on our Shipping and Returns Policy.
KIMBERLEY ART GALLERY and its associates attempt to be as accurate as possible. However, KIMBERLEY ART GALLERY does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by KIMBERLEY ART GALLERY itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY KIMBERLEY ART GALLERY ON AN “AS IS” AND “AS AVAILABLE” BASIS. KIMBERLEY ART GALLERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KIMBERLEY ART GALLERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIMBERLEY ART GALLERY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM KIMBERLEY ART GALLERY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIMBERLEY ART GALLERY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting KIMBERLEY ART GALLERY, you agree that the laws of the state of Western Australia, Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and KIMBERLEY ART GALLERY or its associates.
Any dispute relating in any way to your visit to KIMBERLEY ART GALLERY or to products you purchase through KIMBERLEY ART GALLERY shall be submitted to confidential arbitration in Western Australia, Australia, except that, to the extent you have in any manner violated or threatened to violate KIMBERLEY ART GALLERYs intellectual property rights, KIMBERLEY ART GALLERY may seek injunctive or other appropriate relief in any state or federal court in the state of Western Australia, Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Modification and severability
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Kimberley Art Gallery is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including:
- by telephone and facsimile
- by email
- via our website www.kimberleyart.com.au,
- from cookies and
- from third parties.
We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and DO NOT USE IT for marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure, such as to make payments when you commit to purchase items through our website.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
If and when you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
Our Ecommerce Store
We collect information about you during the checkout process on our store.
What we collect and store
While you visit our site, we’ll track:
- Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
- Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
- Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!
When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:
- Send you information about your account and order
- Respond to your requests, including refunds and complaints
- Process payments and prevent fraud
- Set up your account for our store
- Comply with any legal obligations we have, such as calculating taxes
- Improve our store offerings
- Send you marketing messages, if you choose to receive them
- If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for 7 years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.
We will also store comments or reviews, if you choose to leave them.
Who on our team has access
Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:
- Order information like what was purchased, when it was purchased and where it should be sent, and
- Customer information like your name, email address, and billing and shipping information.
- Our team members have access to this information to help fulfil orders, process refunds and support you.
What we share with others
In this section you should list who you’re sharing data with, and for what purpose. This could include, but may not be limited to, analytics, marketing, payment gateways, shipping providers, and third party embeds.
We only share information with third parties who help us provide our orders and store services to you; as of writing this policy our sole partner is Square. For terms and conditions related to Square, please visit: https://square.com.au/.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent; or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a few circumstances including the following:
- Third parties where you consent to the use or disclosure; and
- Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Kimberley Art Gallery will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information, we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.
0439 968 538
Shipping and Returns Policy
This Policy may change from time to time and is available on our website.
Shipments in Australia are delivered using Australia Post’s standard delivery terms, please see https://auspost.com.au/terms-conditions for more information.
Above mentioned default delivery is FREE when you are purchasing products through our website.
Should you require alternative postage or have any other requirements or questions, please contact us at:
0439 968 538
All returns requests are handled personally and individually.
Regarding Returns, please contact us at:
0439 968 538