Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Koko Art Life Studio. The terms “we”, “us” and “our” refer to Koko Art Life Studio. We operate this website and online store to provide original artwork, art prints and other art-based products and services to our customers.
Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and services to you.
By visiting our website, using our services or purchasing from our store, you agree to these Terms of Service and the policies referenced on our website. If you do not agree with these terms, you should not use our services.
1. ONLINE STORE TERMS
You must be legally capable of entering into a purchase transaction in your jurisdiction to place an order through our store.
You must not use our products, website or services for any unlawful or unauthorised purpose or violate any applicable laws in connection with your use of our services.
2. PRODUCTS AND ARTWORK
We make reasonable efforts to display our artwork and products as accurately as possible. However, colours and appearance may vary slightly depending on your screen, device settings, lighting and, where applicable, printing materials and production methods.
Original paintings are individually handmade and one-of-a-kind. Natural variations, texture and characteristics of hand-created artwork form part of the piece and are not considered defects.
Some products are made to order using original Koko Art Life Studio artwork and may be produced and fulfilled by third-party production partners.
Product descriptions, availability and pricing may be updated from time to time.
3. ORDERS
By placing an order, you are offering to purchase the selected products at the price and on the terms displayed at checkout.
We reserve the right to decline or cancel an order where reasonably necessary, including because of product availability, pricing or listing errors, suspected fraud, payment issues or circumstances preventing us from fulfilling the order.
If we cancel an order after payment has been received, we will provide an appropriate refund.
Made-to-order products may enter production shortly after an order is placed. We therefore cannot guarantee that changes or cancellations can be made after an order has been submitted.
Returns and refunds are handled in accordance with our Return and Refund Policy and applicable Australian Consumer Law.
4. PRICES AND PAYMENT
Unless otherwise stated, prices displayed by Koko Art Life Studio are in Australian dollars (AUD).
Shipping costs and any other applicable charges will be displayed or calculated at checkout where applicable.
You agree to provide accurate and complete billing, payment and contact information when placing an order.
5. SHIPPING AND DELIVERY
Shipping arrangements, production times and delivery information are described in our Shipping Policy.
Delivery dates and timeframes are estimates and may be affected by production requirements, carriers, customs, weather, peak periods and other circumstances outside our reasonable control.
Nothing in these terms limits any rights you may have under the Australian Consumer Law in relation to delivery or products purchased from us.
6. ORIGINAL ARTWORK
Original artworks sold by Koko Art Life Studio are unique, individually created pieces. Once an original artwork has been sold, it may no longer be available for purchase as an original.
Purchasing an original artwork transfers ownership of the physical artwork only. Copyright and other intellectual property rights in the artwork remain with Koko Art Life Studio unless expressly agreed otherwise in writing.
We may continue to use images of sold original artwork and may reproduce the artwork as prints, products, promotional material or other formats unless otherwise agreed in writing.
7. INTELLECTUAL PROPERTY
Unless otherwise stated, the artwork, designs, photographs, graphics, branding, logos, written content and other original material appearing on this website are owned by or licensed to Koko Art Life Studio and are protected by applicable intellectual property laws.
Purchasing an original artwork, print or other product does not transfer copyright or grant permission to reproduce, copy, distribute, commercially exploit or create derivative products from the artwork.
You may not reproduce, distribute, sell, modify or commercially use Koko Art Life Studio artwork or website content without prior written permission.
8. THIRD-PARTY SERVICES
We use third-party providers to operate parts of our store and fulfil certain products. These may include ecommerce, payment, production, printing and delivery providers.
Your information may be processed by these providers where necessary to complete transactions and provide our services, subject to applicable privacy laws and our Privacy Policy.
9. SHOPIFY
Koko Art Life Studio is powered by Shopify, which provides the ecommerce technology used to operate our online store.
Purchases made through our store are transactions between you and Koko Art Life Studio. Shopify is not the seller of Koko Art Life Studio products.
10. THIRD-PARTY LINKS
Our website may contain links to third-party websites or services. We are not responsible for the content, availability or practices of third-party websites. You should review their applicable terms and policies before using those services.
11. ERRORS AND INACCURACIES
Occasionally information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, availability, promotions, shipping charges or other information.
We may correct genuine errors or update information where reasonably necessary. If an error materially affects an order you have already placed, we will contact you where appropriate.
12. PROHIBITED USES
You must not use our website or services for unlawful purposes, infringe our intellectual property or the rights of others, transmit malicious software, attempt to interfere with the security or operation of the website, collect information unlawfully, or engage in fraudulent or abusive conduct.
13. AUSTRALIAN CONSUMER LAW
Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law where that law applies.
Nothing in these Terms of Service, our Return and Refund Policy, Shipping Policy or any other store policy is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
Depending on the circumstances, customers may be entitled to a repair, replacement, refund, cancellation or other remedy where applicable consumer guarantees are not met.
14. LIMITATION OF LIABILITY
To the extent permitted by law, Koko Art Life Studio is not liable for indirect, incidental or consequential losses arising from use of our website or products where such liability may lawfully be excluded.
Nothing in this section excludes, restricts or modifies liability, rights or remedies that cannot lawfully be excluded, restricted or modified, including applicable rights under the Australian Consumer Law.
15. PRIVACY
Personal information collected through our website and store is handled in accordance with our Privacy Policy and applicable privacy requirements.
Shopify and other service providers may process information where necessary to provide ecommerce, payment, fulfilment and related services.
16. CHANGES TO THESE TERMS
We may update these Terms of Service from time to time. The current version will be published on this website.
Changes will apply from the date they are published unless otherwise required by law.
17. GOVERNING LAW
These Terms of Service are governed by the laws applicable in New South Wales, Australia, subject to any rights or laws that apply to customers in other jurisdictions and cannot lawfully be excluded.
18. CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
Koko Art Life Studio
Hello@kokoartlife.com