Terms of service


Online Store Terms and Conditions

Welcome to seanpetersart.com (our Online Store, Site).

Our Site gives you an opportunity to browse and purchase products offered by Sean Peters trading as Sean Peters Art (ABN 70 753 384 310) (we, us, our).

These Terms and Conditions (Terms) govern your use of our Online Store, and our products, and form a binding contractual agreement between us, and you.

These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at hello@seanpetersart.com before using our Online Store and buying our products.

Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.

1. ACCEPTANCE OF TERMS

1.1 By browsing, accessing, purchasing, or using the products offered on our Online Store, whether or not you have purchased or engaged our products either directly or indirectly, and irrespective of your capacity as an individual, as an employee of a business, or as a business, you acknowledge that you have read and understood these Terms and agree to be bound by them.

2. VARIATIONS TO TERMS

2.1 We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.

2.2 In that event, we will provide notice of the variation by publishing the updated Terms on our Online Store.

2.3 The updated Terms will be taken to have effect on the date of publication.

2.4 Your continued use of our products and the Online Store constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.

2.5 Should you object or disagree to these Terms, you must discontinue your use of our products and services, and our Online Store.

3. REGISTRATION

3.1 Before you purchase our products through our Online Store, you may be required to create an account with us.

3.2 To create an account, you must provide us with accurate, complete and up-to-date user information, as requested from time to time, and it is your responsibility to inform us of any changes to your user information.

3.3 We may at any time request documents to verify your identity either at, or after, the time of creating an account.

3.4 You must ensure the security and confidentiality of your account details, including any username and/or Password at all times. You must notify us immediately if you become aware of any unauthorised use of your account details.

3.5 Once an account is created, you must not allow any other person or user to use your Password or your account or to share our products and services with anyone else.

3.6 If you are using our products, you acknowledge and agree that:

(a) You are solely responsible for protection and confidentiality of any password or user identification that may be issued to at the time of account creation or from time to time (Password);
(b) You will not reveal (or cause to be revealed through any act or omission) your Password to any other person, other than yourself;
(c) You will not cause any of the products and services that are available on our Online Store to be revealed or supplied to any other person or business;
(d) You will immediately notify us if your Password is lost or becomes known to any other person; and
(e) You are solely responsible for all access to and use of this Online Store via your Password, whether such access or use is by you or any other person.

4. ONLINE STORE TERMS

4.1 You may buy products offered online by us by completing the order form available on our Online Store. To buy products and services on our Online Store, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.

4.2 Subject to your compliance with these Terms, we grant you a non-exclusive and non-transferable right to access and use our Online Store for your own personal use. You must not exploit any of Our Content for commercial benefit. Any other use of our Online Store is expressly prohibited.

4.3 You must not use the Online Store to:

(a) provide or upload false or misleading information, create a false identity or use or attempt to use another person’s Online Store account;
(b) hack into any part of our Online Store through password mining, phishing, or any other means;
(c) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or other similar material;
(d) circumvent the Online Store’s structure, presentation or navigational function so as to obtain information we have chosen not to make publicly available through the Online Store;
(e) act in a manner that negatively affects other users, including through a denial-of-service attack or a distributed denial-of-service attack;
(f) transmit any unsolicited advertising, promotional materials or other materials that contain any solicitation with respect to products or services that are not deemed items, unless expressly authorised by us; or
(g) attempt to modify, reverse engineer, or reverse-assemble any part of our Online Store.

4.4 Without limiting clause 4.3 above, you must comply with all applicable laws, regulations, codes or standards when using the Online Store.

5. PRIVACY

5.1 To the extent that you provide any personal information to us, where Personal Information has the same meaning as in the Privacy Act 1988 (Cth), and we will treat such Personal Information in accordance with our privacy policy.

6. PLACING YOUR ORDER

6.1 You may place an order to purchase our products via our Online Store.

6.2 Once you submit an order, you cannot cancel it. All orders are subject to acceptance by us within our sole discretion.

6.3 All orders will be processed on business days in New South Wales, Australia, which are Monday to Friday, excluding public holidays.

6.4 Please allow up to 3-5 business days for dispatch of your order from Australia.

6.5 You acknowledge and agree that we do not deliver to PO boxes, we only deliver to residential or commercial addresses.

7. ORDER PROCESS
 

7.1 Any order you submit via our Online Store is subject to our acceptance of your order and the availability of items. Until you complete a purchase, any item(s) in your cart are not reserved and may be purchased by other customers.

7.2 You must pay for an item at the time you place your order through our Online Store and we will deduct all amounts owing at the time of processing your order.

8. ONLINE STORE AVAILABILITY AND CHANGES

8.1 We may withdraw and/or re-offer any item listed for sale on its Online Store, including through any means of access to the Online Store (websites, domain names, URLs, landing pages and/or any other medium) if the item:

(a) becomes unavailable; or
(b) was incorrectly described or listed.

9. DISCOUNTS, PROMOTIONS AND OFFERS

9.1 From time to time, we may offer the opportunity to purchase its products and services at a discounted or promotional price on our Online Store, subject to these Terms.

9.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Online Store.

10. PRICES

10.1 All prices for our products are in Australian dollars (AUD) and as displayed via our Online Store or otherwise confirmed verbally at the time of purchase.

10.2 All prices for our products are inclusive of GST.

10.3 All prices listed on the Online Store exclude packing and delivery fees.

10.4 Packing and delivery fees are shown as a separate fee on an online order. Packaging and delivery fees include, but are not limited to, fees for safe packing of products, packing materials, freight, and any third-party delivery fees. Delivery fees may be determined by a third-party delivery service, Pack and Send, and/or any alternative courier or delivery service, and may be subject to change at the courier service’s discretion.

10.5 All prices are subject to change without notice, except as displayed online or confirmed verbally at the time of purchase.

10.6 All products and services are offered for sale subject to availability. If you have made a purchase and the item is out of stock or not being run at a certain point in time, we may contact you to offer a substitute. If you do not accept a substitute item and your credit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit card account in the amount charged.

10.7 All products are offered for sale subject to full payment of the commensurate transportation and delivery taxes, duties, fees and levies at the rate at the time of purchase by you. You acknowledge and agree that we have no control of the different duties and taxes in different countries.

10.8 Failure to make full payment of all taxes, duties, fees and levies applicable to the Product, prior to receipt of the Products may lead to suspension or termination of the provision of our products in accordance with clause 20, and you acknowledge and agree that we are not liable to provide a refund in this circumstance.

11. PAYMENTS

11.1 Invoices and receipts for any of our products are automatically generated to the email address entered at the time of purchase or as registered to your account, but can otherwise be requested at any time by emailing hello@seanpetersart.com.

11.2 Upon payment, you will also receive a text confirmation of your purchase.

11.3 In circumstances where we invoice you for payment, payment becomes due and payable in accordance with the date prescribed on that invoice. Failure to make payment by the payment due date may lead to suspension or termination of our products and services in accordance with clause 20.

11.4 Some of our payments are operated through an online and automated billing system by using a default payment provider (Online Payment). Our default payment provider may include Credit card, Paypal, Apple Pay, Google Pay, American Express or any other such default payment providers as nominated by us and made available on our Online Store from time to time. Where your payments are made via Online Payment:

(a) You acknowledge that each default payment provider has their own terms of use and service and you agree to the terms of use and service for that default payment provider selected by you at the time of processing your order in our Online Store.
(b) You authorise us to receive the Online Payment and agree that this may occur by either debiting your account for a once-off payment, or by debiting periodic payments over a period of time (as the case permits), to ensure that all Online Payments are met and made in accordance with these Terms and the terms of our default payment provider.
(c) You agree to ensure sufficient funds are available in your nominated account to meet each Online Payment.
(d) You agree not to cancel any Online Payment due to us and that we may rely on these Terms to reinstate or recover any cancelled Online Payment or default in Online Payment until such time as they are made.
(e) In the event there are insufficient funds in your nominated account to meet the periodic payment, or where the periodic payment is in default, we reserve our right to charge you a fee.
(f) In that event, you also authorise us to debit your nominated account within 3 business days of the initial default, for the Online Payment and any associated fee referred above.

11.5 Any default in Online Payment or any payment by the payment date may lead to suspension, or termination of the Online Store or our products and services in accordance with clause 20.

12. RE-SALE OF ANY PRODUCTS

12.1 In the event of a re-sale of any of our products by you or a third party at your request, you must notify us of such re-sale (Notification) and provide us with a 5% re-sale royalty of the re-sale price, payable using the payment method provided by us within 7 days of the date of the Notification.

13. REFUNDS POLICY

13.1 We do not provide refunds in the event you change your mind about a purchase and wish to return it.

13.2 Any refund request will be assessed on a case-by-case basis, in accordance with the following:

(a) Any other applicable terms for the product purchased, including any contract you have entered into with us, or our online terms of use and service as published on our website from time to time;
(b) the costs associated with each product delivered by us to you.

13.3 Refund requests must include proof of purchase showing the date of purchase of the product, a description of the product and the price paid for the product, and must be made in writing to us at hello@seanpetersart.com.

13.4 Nothing in these Terms is intended to exclude or limit your rights as a consumer in accordance with the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law set out in Schedule 2 of this Act (ACL) whereby any refunds or claims in respect of our Products and/or services is limited to the following, at our option, unless otherwise compelled to do so by law or a Court of competent jurisdiction, as follows:

(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
(b) in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of such Products, the payment of the cost of replacing the Products or acquiring equivalent Products, or the payment of the cost of having the Products repaired.

13.5 You may be entitled to a full refund of costs, delivery and all other fees in respect of any damage caused to the products while in transit by any courier services used such as, Pack and Send or any other postal service, shipping and any other delivery method or combination of methods we may use.

13.6 You may be entitled to an exchange of any products purchased within a selected range of products designated by us (Eligible Artworks). Eligible Artworks can only be exchanged for products of equal or higher value than the original Products purchased, and subject to full payment of any difference in costs and any applicable re-packaging costs, including delivery taxes, duties, fees and levies prior to exchange.

13.7 Products intended for refund must be returned by you by contacting hello@seanpetersart.com within 48 hours from the time of delivery.

13.8 If after 48 hours of you receiving the package you do not contact us regarding any issues, it is assumed that the package was delivered with no issues and that you are happy with the product.

13.9 Products intended for refund must be accompanied by a written description of any alleged fault and minimum 5 clear photographs clearly indicating any alleged fault(s), including but not limited to damage to packaging.

13.10 Once we review the written description and photos provided and we deem the item appropriate to be returned or exchanged, which is in our sole discretion, we will contact Pack and Send to organize a collection of the item from you.

13.11 All items posted for exchange must be returned in full, original packaging with all original packaging materials, following our and Pack and Send’s returns process, including contacting Pack and Send to provide an online booking to return the item and asking Pack and Send to send you an email with all necessary paperwork to fill out and attach to the package.

13.12 Safe packing instructions will be emailed to you to provide you with instructions on how to return the item. You agree to use all reasonable efforts to ensure no or no further damage to the product.

13.13 You agree that you must only use the process provided by Pack and Send to return the package and you must not use any other courier, unless we provide consent to do so.

13.14 Products we may provide you in exchange for your purchase are limited to products currently available on the Site. You may contact us to discuss availability. If a different size painting is chosen for exchange and new packaging material is required, which may include a new cardboard box or wooden crate, you agree to pay the additional costs associated with any additional packaging required.

13.15 One (1) exchange only is available per customer per product. Subject to the other terms of this clause, any requests for additional exchanges will be refused.

13.16 Products purchased through our website or other through any other means are not available for exchange or to be used as a form of credit for any other Products, for any reason, except as may be permitted under these Terms.

14. GENERAL DISCLAIMER

14.1 You acknowledge that we do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding our products other than provided for pursuant to these Terms.

14.2 Use of the Site and any of the products sold on the Site is at your own risk. Everything on the Site, and our Products, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind.

14.3 You acknowledge and agree that each product offering may have different terms, prices and fees, as displayed on our Site or as contained in any contract entered into with you and us for those services.

14.4 You acknowledge and agree that you are responsible for the proper care of the Products and that you should not place the Products in areas that are exposed to direct sunlight, UV light or high heat, including but not limited to near a fireplace or heater.

14.5 All possible care has been taken in the preparation of this Online Store. However, specification and particulars in relation to the products referred to in our website are subject to change without prior notice. We will make every effort to ensure a product is accurately depicted on the Site, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Site. We will not be held liable for any errors or omissions.

14.6 We make no warranty, representation, or guarantee regarding the suitability of our products and services for any particular purpose, nor do we assume any liability whatsoever arising out of the application or use of any product. You shall not rely on any data and product specifications provided by us. It is your responsibility to independently determine suitability of any products and to test and verify the same.

14.7 You acknowledge and agree that we may produce a number of paintings of the same artwork available for purchase, and that the painting you purchase may not necessarily be the only painting of that artwork.

14.8 Any timelines or delivery dates are provided by us on an estimated basis only. We make no guarantee that these timelines or delivery dates will be met as there may be interfering factors beyond its control, and are not responsible for any delay in delivering its products.

14.9 We expressly disclaim any and all claims arising from any representations made, whether express or implied, or reliance upon any representations made in relation to our recommendations, or information supplied to you. You also acknowledge and agree to hold us harmless for any loss suffered as a result of our recommendations and information supplied in connection with our products and in accordance with this Online Store and further acknowledge and agree that the indemnities under clause 18 are considered reasonable.

14.10 Any testimonials and examples of our products, wherever published (online or in print) are not to be taken as a guarantee that you will achieve the same or similar results with our products.

14.11 We make no warranty, representation, or guarantee regarding the exact appearance of our products, nor do we assume any liability whatsoever arising out of discrepancies in our products from the images of our products as shown on the Site.

14.12 While we aim to produce products to reflect the appearance as advertised online, you acknowledge that products are handmade by us and minor visual and textural differences may arise from that advertised online. You acknowledge and agree discrepancies in individual perceptions of product appearance, colour and texture may arise due to visual differences in the display of the device used to display the Site and products.

14.13 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

14.14 This clause survives the termination of this agreement.

15. COPYRIGHT AND TRADE MARK NOTICES

15.1 The copyright subsisting in the products are owned by us and are protected by copyright law.

15.2 We shall at all times retain all title, rights and interest in and to our products, including but not limited to:

(a) the copyright subsisting in the products;
(b) marketing information relating to or connected with the products; and
(c) sketches, drawings, plans and product descriptions and information relating to or connected with the product.

15.3 You acknowledge and agree that no right, title or interest in any of the intellectual property rights in our products is transferred or granted to you.

15.4 You undertake not to:

(a) take or permit or omit any action which would or might:

(i) constitute an infringement of our intellectual property rights;
(ii) invalidate or put in dispute our title to our intellectual property in our products;
(iii) assist any other person directly or indirectly in any of the above;

(b) use, copy, reproduce, distribute, export, adapt, alter, modify, translate, create derivate works, or publicly display any of our products anywhere in the world, without our prior written consent.

15.5 All material within this Online Store, including (but not limited to), templates, text, graphics, including images of our products, information architecture and coding (Our Content), is subject to copyright.

15.6 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

15.7 The trade marks, logos, and service marks displayed on our Site to denote our brand are the registered or unregistered trade marks of us (Our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

15.8 Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Our Marks without our express written permission.

15.9 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

15.10 This clause survives the termination of this agreement.

16. ACCESS

16.1 While we will reasonably endeavor that its Online Store is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free.

16.2 Your access to the Online Store may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control.

16.3 Except as expressly provided otherwise in the Terms, we reserve the right to change or discontinue any Online Store feature or service (or part thereof) on the Online Store at any time.

17. THIRD PARTY LINKS, AFFILIATES & SPONSORS

17.1 Any links to other websites on our Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.

17.2 As affiliates of certain products and services we may also receive compensation for recommending, endorsing or promoting products and services as featured on our Online Store or in the course of delivering our products and services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those products and services which are not our own.

17.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain products and services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored products and services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted products and services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.

18.INDEMNITY

18.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against all actions, suits, claims, demands, direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:

(a) your use of our Online Store:
(b) your use of our products and services;
(c) any breach of these Terms by you; and
(d) the enforcement of these Terms.

18.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.

18.3 We are not responsible, and expressly limit our liability to the extent permitted by Law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Online Store or by engaging with us for our products.

18.4 This clause survives the termination of this agreement.

19. LIABILITY IS LIMITED

19.1 We provide our products and services on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.

19.2 Without limiting the generality of clause 19.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our products and services.

19.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.

19.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by Law, including but not limited to, those rights under the Australian Consumer Law.

19.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.

19.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to Product will or reputation or loss of use or corruption of data or information.

19.7 This clause survives the termination of this agreement.

20. TERMINATION

20.1 If you have breached these Terms or any of the terms and conditions governing the supply of our products and services, we may (at its option, and without limiting the remedies available to it in any way) bar, suspend or terminate your access or use of the Online Store on a permanent or temporary basis.

20.2 If this occurs, you must not access or attempt to access or use the Online Store during the period of your bar, suspension or after termination.

21. NO DISPARAGEMENT

21.1 At all times, you must not make any public or private statement or comment, whether oral or in writing, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of or is in any respect a disparaging remark or representation about us and/or any of our products and services nor any statement that is false and does or has the tendency to damage our reputation of by any method including but not limited to any social media platform or review website anywhere in the world.

21.2 Should you breach this clause, you hereby indemnify us in accordance with clause 18 above.

22. FORCE MAJEURE

22.1 We will not be in breach of these Terms or liable to you for any Loss incurred by that other party as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.

22.2 If a Force Majeure Event occurs, we will notify you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.

22.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavors to perform those obligations.

22.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.

22.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):

(a) strikes, lockouts or other industrial action;
(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
(d) epidemic, pandemic, health emergencies, disease;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) interruption or failure of utility Services (including the inability to use public, private telecommunications networks, servers or third-party hosting platforms); and
(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;

however, does not include a lack of funds.

22.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
 

23. SEVERABILITY

23.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

24. NO ASSIGNMENT

24.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.

24.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.

25. BINDING ON SUCCESSORS

25.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

26. DISPUTE RESOLUTION

26.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.

26.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

26.3 In the case of claims against us, all notices are to be provided to hello@seanpetersart.com.

26.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

26.5 Once a mediator is appointed, the parties agree that:

(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

26.6 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

26.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

26.8 This clause survives termination of these Terms.

 27. APPLICABLE LAW

27.1 These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the non-exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises between us.

28 CONTACT US

28.1 We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our privacy policy for further details.

28.2 If you have questions or comments regarding our Online Store or our products and services, please email us at hello@seanpetersart.com. © Progressive Legal Pty Ltd –  (ACN 607 068 708) trading as Progressive Legal (2021). All Rights Reserved. This privacy policy was last updated July 2021.