PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern carlgopal.com’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to carlgopal.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

GENERAL ARTWORK DISCLAIMER

Images and descriptions of all artworks are reproduced and displayed to reflect the art piece as accurately as possible online; actual pieces can vary slightly in colouring, shading, lighting, medium and sizing. However: actual colours of art works (both original and reproduced) may appear different in actual reality than on your computer screen or mobile device. This is due to the fact that every computer monitor has a different capability to display colours and that everyone sees these colours differently. Therefore, we cannot guarantee that the colour you see on your screen accurately portrays the exact true colour of the actual artwork piece. If you have any specific requirements or questions about the colours, sizes, design or anything at all around any of my artwork, we encourage customers to send a query prior to purchase so we can try to address them prior to your purchase.

INTERPRETATION AND ARTISTIC LICENSE

This artwork is a creative expression of the artist's perspective and is intended to provoke thought, discussion, and emotions. Please be aware of the following disclaimers regarding its content:

1.     Artistic Interpretation: The content of this artwork represents the artist's personal interpretation of political, social, or potentially controversial subjects. It may not reflect factual accuracy or objective truth and is subjective to the viewer. Further the artist exercises their right to freedom of expression, as protected by law.

2.     Viewer Discretion May Be Advised: This artwork may contain imagery or themes that some viewers may find offensive, disturbing, or challenging. Whilst the artist does not necessarily try to invoke any such emotions, viewer discretion is advised and individuals should engage with the artwork at their own discretion.

3.     Not an Endorsement: The inclusion of certain symbols, figures, or themes in this artwork does not imply endorsement or condemnation by the artist. Interpretations are open to individual perspectives.

4.     Satire and Parody: Some elements of this artwork may be presented in a satirical or parodic manner. Satire is a legitimate form of artistic expression, meant to provoke thought through humour and exaggeration.

5.     Artistic License: The artist reserves the right to take creative liberties in their work. This may involve exaggeration, distortion, or abstraction for the purpose of artistic expression and communication.

6.     Intent for Discussion: This artwork aims to promote dialogue and reflection on the issues it addresses. It may challenge preconceived notions and inspire critical thinking.

7.     No Incitement: This artwork does not intend to incite violence, hatred, or discrimination. It should not be interpreted as a call to harm or discriminate against any individual or group.

8.     Respect for Diverse Views: While this artwork may express strong opinions, it is essential to respect the diversity of perspectives in society. Constructive and respectful dialogue is encouraged.

9. Copyright and Usage: The artist retains all copyrights to this artwork. Any reproduction, distribution, or modification of this artwork should adhere to applicable copyright laws and should not misrepresent the artist's intentions and can only be done with the artist’s written agreement.

 By engaging with this artwork, you acknowledge and accept these disclaimers. Art has the power to provoke, challenge, and inspire, and these artwork pieces are no exception. It is the viewer's responsibility to interpret it within the context of artistic freedom and expression and as intended.

AMENDMENT OF TERMS

 We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and carlgopal.com’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that carlgopal.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), carlgopal.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

SHIPPING, DELIVERY AND IMPORT DUTIES

We use a specialist service provider to assist in shipment fulfilment: Pack and Send. In the rare event of loss or damage to any artwork or package upon delivery, please contact Pack and Send directly: subiaco@packsend.com.au or Telephone: +61 8 9388 0477 within 7 days of receipt of delivery or expected delivery in the case of non-receipt. Please also let us know in the event that you did not receive your package or received a damaged piece of artwork. We will try to assist you wherever possible with your claim.

Importation and Duties: You are responsible for any applicable import duties, regulations, taxes or other costs. Please confirm all costs and any import requirements with your local customs office before making your purchase.

Please also verify and confirm your preferred shipping address prior to checkout. We are not responsible at any time for any incorrect or undeliverable addresses.

RETURNS AND REFUNDS

We handle returns and processes refunds in accordance with the Australian Consumer Protection legislation. Where we have agreed any refund, artwork must be shipped back at your own expense and it is your responsibility to ensure it is received by us undamaged, at the address provided

Whilst we at all times abide by Australian Consumer law (‘ACL’), we do not provide a refund for change of mind.  In many cases, we provide customised artwork for our particular client which cannot be refunded and any other refund is in our sole discretion.

LINKS TO OTHER WEBSITES

Carlgopal.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

Carlgopal.com’s website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard. 

GENERAL WEBSITE USE

To the fullest extent permitted by law, carlgopal.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

It is your sole responsibility and not the responsibility of carlgopal.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At carlgopal.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data we collect is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSE YOUR INFORMATION

We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties. 

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of carlgopal.com. We expressly exclude and do not permit you to use or access our website, to download any documents or information from our website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Carlgopal.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website except with the express written permission of carlgopal.com. 

Carlgopal.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and   concerning your use and access to carlgopal.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions. 

JURISDICTION

This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between you and carlgopal.com that results in litigation then you must submit to the jurisdiction of the courts of Western Australia.

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